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HomeMy Public PortalAbout1988 PC MINUTESBEAUMON'T PLANNING COMMISSION MINUTES OF JANUARY 19, 1988 The Planning Commission met in a Regular Planning Commission Meeting on Tuesday, January 19, 1988, in the City Council Chambers with Chairperson Burton presiding: Pdeeting was called to Order at 7:00 P.M. On Roll Call, the Eollowing commissioners were present: Co:imissi.oners Bruner, Schuelke, Tngr.ao, Remy and Chairperson Burton. Attorney Ryskamp was also present at this meeting. The Pledge of Allegiance to the Flag was observed. 1. Approval of the Regular Planning Commission Meeting of December 15, 1987, were approved as submitted. 2. Oral Communication: None. 3. Director's Report: CDD Koules reported on the building activity taking place at 6th and Beaumont - cosmetic work only and no additions or structural alternations. Driveway is to be moved over to the west 201. He addressed the concern that Commission Ingrao had pertaining to the paving and commented that in the future, they will look more closely when paving streets; however, there is no corrective measure to be taken for the streets already paved. Further, he addressed the commission commenting that the Citv Council at their meeting of January 11, 1988, did adopt the Parking Ordinance with some modification. The City Council deleted the reference to off - street parking allowed on an adjacent lot or a lot 150 to 200' away from the property. The reason for the deletion was the issue that was rai.seO. by staff, that this could allow for the conveyance of an adjacent lot and then the City of Beaumont would be without any of the .required off- street parking. F,ttorney Ryskamp noted that in the parking ordinance draft, evervwhere the concept of an adjoining lot or a lot within 150' is to be removed. CON'T PUBLIC `IEARING: 87 -PM -5, Am. #3, (PM 22620) & 87- ND -32, division of land into 2 parcels, located at the S/G Corner of Brookside and proceeded to ask for proponents /opponents from the audience wishing to speak. Ron whi.ttier, 7111 Belaire Dr., Corona, addressed the commission stating: by splitting the parcels you would not have a land lock situation; the commercial fronts along Brookside; 11 acres is zoned R -3 high density; intention is to down zone this high density to an R -1 subdivision from 240 lots to about 64 lots; the proposal that will be coming in on the 11 acres of the commercial shows the road to tract, the s:aiggle into the tract so that the end of the lots face right on Beaumont Avenue; gave Mr.. Koules a copy of the map showing the configuration of the road. Further, Mr, Whittier wanted it known for the record, that his intention is to down zone, wants to work with the City and that there is no reason to re -zone it is just a matter of having an P -1 use in the density in question. There being no one else wishing to speak, Chairperson Burton then closed the public hearing at 7:13 P.M., turning the r^..,:tter back to the commission for discussion. There was lengthy discussion pertaining to the parcel being zoned two different zonings; purpose of sale; frontage road; city engineer's letter. Attorney Ryskamp explained that what Mr. Dotson, City Engineer is requesting is that he would prefer to require on a parcel map division for those two residential lots, that they do all of the improvements - to see all of the improvements before the recording of this parcel map. This would allow you to develop the residential portion without doing the necessary improvements to run the frontage through the commercial :parcel all the way up to Brookside and to also deal with whatever widening and other improvements that needs to be done on Brookside. By dividing the property you are in effect saving the developer of the residential project all of the improvement costs. it was the feeling of the commission that they would like to see what is proposed for both parcels. Due to a request to speak again by Mr. Whittier, Chairperson Burton re- opened the public hearing at 7:31 P.M. Ron Whitt cr, 7111 Belaire Dr., Corona, again addressed the commissioi commenting that: the purpose of the parcel was initiated by the City, that they (city) wanted to clean up what they felt was a mistake in the zoning; felt that if a subdivision comes in on the middle piece of property, Mr: Dotson would make a condition that the black top road would have to go to Brookside; intention is to hold on to the commercial property and not develop it for a couple of years; has a builder wanting to put in a subdivision on the 11 acres; takes issue that there would be a requirement on this subdivision. Attorney Ryskamp commented there is no condition at this time that requires the improvement of the road - the lower lot would be accessible if A,merican'Eousing does in fact p:lr, P7hittier at this time, irmh`mlwhat had X to the time when Denny Knudsen trans pi red going hac sub;nitted the application and maps. Chairperson Burton ,g3en -then the the- omatter puback to the at 7.43 P.M., commission. CnD ICoulcs commented that if the intention is to develop lit the lower half in high density residential, then a lot Split probably would be the cleaner way to go- There was much discussion pertaining to improvements and the Thor b a sale of the property with Chairperson Burton commenting that by adding another condition that if Parcel 2 3,vc,�,ce before Parcel 1, then the frontage road shall be completed all the wav through to F..rooksi.de. CDD Y,oules noted that. it could be conditioned in a similar manner. bu, ;hi.t:t.ier was then asked if he preferred not splitting the parcels and going ahead with the dcvelopmportion, ]'`nwith 2, submitting the )fans for. the high density Dir. 1'�illttJ.er dR547e ".L ng "sure". co that that he had no problem in withdrawing the map, that escrow had been entered into and the papers are beig drawn ;.? to sale the 11 acres - the people that are buyin ng it wants to put in an R -1 subdivision. Further commented-, he had the plans ready to go and if the like to withdraw the map he would come back commission would l with a subdivision plan. Mould ask the commission however, not to condition full improvements (on commercial). CDD Koules noted that if njrthellcommercialdparcelewould be la wit;1 a subdivision map, p Thinks both be a separate part; however, it would lot. options offer the City the improvements that is of concern. Ron Whittier, commented that he would like to postpone this matter the next meeting in order to give him a chance to go over it with the CDD mr. Y.oules. Could be advantageous to move ahead with a subdivision map. This item was continued to the next giving the applicant COT,pissi.on meeting of February 2, together an opportunity to study the project further and get 9 with staff. Ordinance No, 653 of the City of Beaumont, repealing Section 17.65.205 of the Beaumont Municipal Code and Cadding to the Beaumont Punicipal Code section .17.65.205, Landscaping Provisions. Chairperson Burton then opened the pui�l.i.c hearing at audience P. •• as }:ing for proponents /opponents from the audience wishing to speak and there being none, she then closed the public hearing at x:00 P.t'., turning the matter back to the Comm ;.S SlOR. On motion by Commissioner Ingrao, recommending the to City _.__, „r nrainance ido. 653 of the City Of B7-M-8 (PD; 23086), one lot- split i.ntc) two parcels, located at 1265 Palm Avenui" ApplLcant, Lien. CDD ;'pules presen' c d the staff report comnlent:ing that liclant parcel measures 120' frontage on PaLn and 145' and app i, nskincl that i ae split into two 60' by 145' parcels. The proposed parcels would conform to all the lots on the snm sicte of Palm Avenue except for the corner lots which are a little wider.. Reasonable request and staff. recommends approval. Chaff r.nerson Burton then opened the public hearing at ence p,il„ asking for. proponents /opponents from the audience wishing to speak. Ken h.ien, 3319 Avalon, Riverside, addressed the commission cor,:lienting that he agrecs with the staff report and recommendation. Cd ldalker., 1259 Palm, Beaumont, addressed the commission cormlenting that he lives lust adjacent to the lot d ears agot the lots (according to his record) were split y tins no objection. There being no one else wishing to speak, Chairperson Burton then closed the public hearing at 8:09 P.A9., g matter back to the commission for discussion. Discussion was had by the commission with a motion being made by Commissioner Remv recommending approval of Parcel N.ap 67 -Pi1 -8 and :4egative Declaration 87 -ND -41 by City Council; seconded by Commissioner Schuelke. motion carried un.amiously with the following roll call vote: Av �: Com•^.Lss!O:lery Bruner, Schuelke, Ingrao, Remy and Chairner.son Burton. NODS: :one. AB£TAINT: Clone. Ai:S ",IT: none. Co =iss.ion recess =c't at 8:10 P.D4., reconvening at 8:22 P.M. 7 S ?ecial Study Area Urgency Interim Ordinance No. 651: City Initiated General Plan Amendment Bit -GP -1, Rezone B8-RZ -1, Initial Study 88 -11D -1 for those portions Of the City within the following boundaries: From the western City limits to Cherry Avenue, and from 6th Street to 11th Street. PUBL'C ilE.ARING (I'iRM # 7) TRANSCRIBED VERB; %TIM; Burton; 7e, 11 go to :agenda Item Ldo. 7. The Special City study Iniitiated Urgency Interim Ordinance No. 651: s -RZ -1, Initial General Plan Amendment 88 -GP -1, Rezone 88 Study 88 -ND -1 for those portions of the City within the CO11o}lingeboulndaries: 6toInStreetetoe11t1CilStreetits to Shall I ask for a staff report? 1987 unlit n!;: Airi.Qht. As `�OUY COmm15BlOn }:170475 OR December 14, n r a -e ;,r nrdinance for an areas that encompass the areas here that are zoned residential high donsity by Laking a line one lot deep from the north side of 8th Street. We took a line here's 8th Street, we took a line one lot deep more or loss and ran it the full length up to Pennsylvania Avenue. Then we delineated the existing commercial along both sides of Beaumont Avenue, the existing commercial along the north side of 6th Street and some commerical and, industrial again on 6th Street. We broke down the Special Stucly area into 12 subareas. o r did this for. the ease of explanation in making presentation. Additionally, there was some areas that are in conflict with the general plan designation the existing zoning is in conflict. Now State law AB 13ol requires that a general plan designation and a zone be in conformance with one another. So when I speak about the areas this presentation will include will be those clean -up areas where I would like to set the zoning and plans straight. The first subarea runs from the easterly side of Euclid Avenue all the way to the westerly city boundaries and to again from that line one lot deep from the north up alf way between and then jogging over heen 10th and Californ 11th, on the alley between ia and Edgar. (You'll have to excuse my back I can't make a this position). presentation to everyone in ition). Within this subarea we call Subarea It there h are 182 lots, h of these lots are utilized presently as multi- 24 residential lots - that is if anything - Burton: Excuse me, is that the blue' Koules: I'[R sorry, yes - the multi- residential lots contain as tyro, three, four, fiver sir, unitar °elshbeingd used n as blue. The yellow shows the P n in the single family residences. Where there is green this area, that shows a vacant lot. Novi the talrey Subarea one, w 182 lots, 25 used as multi Subarea 9 lots vacanantnclllwant to saydit'sang estimate lbecause estimated, previous Director, this data was collected by otheinp ev field. I used Valerie Beeler through survey to form the statistical basis for the these figures presentation. So we estimated a number of units, in otherwords, when we wcy there timated thato65 oftlthose in multi- resident:i.al, Units and there is a that represents 65 dwelling well. Now the mobilehome nark in there as change the staff recommendation for Subarea 1 is to residential, general plan designation of high density du /ac and to to low density residential which is 5 change the zoning from residential hi So that's the du /ac to residential sing o through proposal for Subarea I. I would like stionsg that the these 12 subareas and answer any q commission or the public might have. Subarea 2 is (my eyes are failing me) is the sliver m ne along the west side ^of*1agnStreetvenuThat sliver l ver is l . _ I ". _ over to the alley between Orange and Magnolia running up to 11th and ending there. That area contains 76 lots, 14 arc utilized as multi residential, 5 are vacant and 57 are single family residential. Again, we estimate that those 14 residential lots have about 30 dwelling units on them. Here the recommendation again, is to change the plan from high density residential to low density residential, change the zoning from residential high density to residential single family. Subarea 4 is a little sliver of land (actually three parcels) on the north side of 11th - on both sides of Magnolia Avenue. Now this three parcel area is shown on the general plan as low density residential. 11owever, the existing zone is high density residential. It consists of three lots each with a single family house on them. The recommendation is to retain - leave the general plan designation of low density residential but change the zoning from high density residential to single family residential. Subarea 5 is that block of land from the cast side of Pennsylvania Avenue to the west side of Cherry Avenue from what would be an extension of 9th Street to an extension of 10th Street and within that block area there are 8 lots. some of them are large lots and two of the large lots on the westerly half fronting on Cherry Avenue have units on them and I'm told that there is about 100 units on that. There are two vacant lots at the northwest corner of the lot and then the remaining lots south of the vacant lots fronting on Pennsylvania are single family. Recognizing existing land uses, staff recommends that the westerly half of the lot, that is those lots fronting on Pennsylvania Avenue, be changed from general plan high density residential to low density residential and change the zoning from residential high density to single family residential to conform with the land uses on the west side of Pennsylvania Avenue_ which are basically single family homes. And to retain the plan and zone high residential density on the easterly half of the lot which of course recognizes the apartment units that are there. Subarea 6 is the block south of the one we just talked about - here we are talking about 11 lots, 5 shown as multi residential, 1 vacant with a 28 dwelling unit approval and 4 single family lots shown in yellow. Here the recommendation is (oh, by the way the general plan shown here as medium density residential) 16 dwelling units to the acre, we want to change that to high density residential and change the zoning from residential single family to residential high density. Again, to recognize both existing land uses and it's compatibility would be adjacent to the parcels. Subarea 7 runs south of these two parcels. That is it runs from the - bordering the commercial along 6th Street up to 8th Street from Pennsylvania to Illinois Avenue. In that area, we are talking about 21 lots, 8 . -� --- m „i, -i r. QiArntial. 9 vacant and 4 single this that r.nns one lot north of 3t� Street. imatedWithin multi area there are 117 lots, 1 re residential with an estimate of 78 dwelling u2 its, 25 vacant lots, 1 vacant with an app. dwelling units and 90 single family dwelling lots. That is lots used for single family dwellings. The recommendation on subarea 3 would be to change the general plan designation from high density residential to me< ?iuri density residential allowing 16 du /ac instead f 32 du /3c and to accori'ing change the zone from residential high density to residential multi family again 16 du /ac. That brings up to this area here. Subn- c,, which runs on the west side of magnolia from of 8th and that the commercial up to 8th one lot north is the strip that I mentioned earlier, is shown on the general plan as general commercial. There are 13 lots i.n the southerly portion of that strip, 1 is used as aulti family, 1 is vacant: and 11 are used as single f1amii The. zoning is rc;i.dential high density, the proposal is to change thre elan from general commercial to the medium density residential, to change the zoning f.10m residential high density to residential multi family, so that you would have a bloc.' of residential Multi family at 16 units to the acre running from the commercial along the eastorly from Eeaumont Avenue all t hhe ay up to pennsylvani.a Avenue and then you would ive t;iis high density residential here. Getting to the other site of the commercial divider along both sides of Beaumont ,avenue, we identified subarea 10 as that area from the east side of Euclid ,wv,mre all the way to the westerly city limits from again 1 lot deep on north 8th Street down to the commercial and industrial slivers that front and curves around 6th Street. Within this area, we counted 117 lots and of course I'm excluding institutional lots, churches, public buildings in all the areas we're talking about. 21 lots wore identified as being multi residential with an estimate of 78 dwelling units. I'm sorry, I take that back, I was reading the wrong figures. We're talking about 96 lots within Subarea 10. 13 are blue, multi residential with an estimate of 30 dwelling units, 2 are vacant and 81 of the 96 lots in this curved area are utilized as single family residences. And because of that predominance of single family residences, staff .recommendation is to change the general plan designation from high density residential to low density residential to change the existing residential high density zoning to residential single family zoning on this Subarea 10. Since we are doing this, we want to clean up again inconsistencies that exist within this area of concern and area of. study. you have a sliver here of commercial on 6th Street east of California, actually from California to Edgar.. That is shown on the general plan as general commercial, but the zoning is Light commercial Planufactur.ing, so the staff recommendation i.s to keep the general plan designation of general commercial, but to change the zoning to general commercial to be v_ >> "Inn_ Similarily, on some utilizes larger lots, we t,jould not like to see the lots built through for industrial uses in the future all the WC1v to 7th. The commercial uses tend to utilize the frontage along 6th Street, so I think the future commercial uses would tend to utilize again the frontage. They have a different need. So I think it would protect some of the residential integrity. In any event, those are our recommendations and within terms of overall f..igures of. the lots we mentioned, a little over 70% of lots in this study area are utilized as single family residonces. This essentially concludes the presentation and I would be happy to try to answer any questions that the commission has. Burton: Oh, I'm sure there are some questions. Y,oules : 1'es. Burton: Starting with Commissioner Pemv. ROOM: nuestiOil c.k., on 6th Sr_ruet where - Burton: lahat area? Remy: 0.k., 11 and 12, where there was the lifjht manufacturing - at the time the general plan was done, a lot of people that have light industry there wanc.ed it to remain that way. 6�hat happens if that changed to commercial - would they be unconforming? Koules: Yes, they would be - thev'O' be legally non - conforming. R� } hows then same time. I but the same peonle are still there. Koules: t9elI all I could say is that - Mr. Ryskamp is going to address the non - conforming land use issues as it complies to the units as well. I believe we can assure them that in the case of destruction because of fire, that they would have a right to reconstruct their buildings. Remy: I don't know they would - do you know how their insurance would be affected or anything like that. But there was a question befog- and that's why it was left to remain light industry there. f Burton: Commissioner Ingrao. Ingrao: 'Hell, I was just thinking on 12, that seems to be more light manufacturing, that is the way that area is tending to go, that whole (I guess you would call it) southwest. Koules: I could see - to be honest with you it could go either way, I was just thinking in terms of the future land uses for the City - would like to promote the industrial activity south of the freeway. We don't mean to take away the utilization of the lots - Ingrao: Well the things you've already got on there and the town kinda dies at that point. Burton: Excuse me - we're not going to argue with Steve about the zoning, this is the time to ask him specific questions about why did you - pick all of that area up there for Subarea 1. Ingrao: 1.9hv not. Burton: Or that big of an area. what made you pick those :articular areas the way you did. Koules: well some of it is - SChuel'r,e: How did you determine whol to draw the line around a certain subarea. Koules: '7e.11, you know we had to come up with something and to meet a ninety day deadline to get this thing moving, we had to do something, so one can always have question as to why this line was on 2th and not on 9th, but it doesn't take away the commission or city counciP s ability to shift these lines around. What we've legally advertised is all the study area, so this is - I thin ?: the feeling here :;hy 8th was chosen, was that we felt that at first cut, I would like to see the land uses north of 8th retained as single family zone. Sc!iuel;;e: That was your thinking? KOUles: That oras my thinking, you know - sure. But that's not to say that the lines cannot be changed. We had to get moving, we had ninety days and this is what we're trying to do. I broke it into 12 areas, I think if I came up with more, it would be a little confusing . Schucl::C: I was just curious. I know that you have expertise in this but I just thought maybe you had some type of special thinking behind where to draw the line other than the number of lots -- Koules: We 11 the thing is this, I really think that it is Pro-per to zone and plan both sides of the street the same. I think its proper to zone and plan both sides of the street in the same clonsity. I don't think its proper to have residential high density on one side of a fnniily on the other side of the Remy: One other question, if making the high density down at Section 3 maybe - down in that area, does not address the main complai.nL, t}te two story apartments going up next to single family dwellings. Is there any way that it could be in the multi family or zoning that you could designate just single family apartments? Single story pardon me. Koules: [dell, I don't think you could do that without changing the zoning ordinance. I think and I feel that it is a bit awkward to have a zone that in some instances you can build one story in that zone and other instances you cnrr build two sr.o.ry. Re •,;: I as just trying to figure out how we could address Koules: is 7. am learning Title 1.7, which I'm not totally familiar with, it's a complex document, but you do have same latitude there, you'- setbacks do increase in the multi family zone when it .is a two story building. You !lave a section in the or.Ciinance that says that the cistance between two buildings if they're two story, is 20 feet o.k., so you have vou.r setbacks increased to 10 feet from 5 feet for second story. So I think there are things in the ordinance that can be utilized and may l,c massaged a bit through an amendment of a :,)articular section in the ordinance to address those lSSU,2s. I don't think t.ili5 is the place to address - - Burton: you said the green was vacant land? Koules: Yes. B,.irton: ghat is that green up there. - - Koules: If you see green and blue together is that - - Burton: too, go right straight up there, what is that? r:oules: Pall-park. It better be a ballpark. Burton: oh. Koules: Its from 9th to 10th from Chestnut to Michigan, -so if it isn't- a ballpark, I'd like somebody to tell - Remv: It use to be a ballpark. Koules: !Fell it's there - - Remy: It's a school there. Koules: It's a school there o.k. Burton: I couldn't imagine -- o.k. Burton: Commissioner Bruner. „ if, r,n, nnawered evervthinq I (inaudible). .; ;e�vc when - you shad - Burton: Could we have your aQdre:;;? sc!iiro• Oh, 726 Chestnut Avenue. Ayskamn: I think the public is addressing the commission. medium schiro: 0.1:. I I av0 a question for Steve. When haze zcre, with density, when he says 16 per acre or 32 p t:zc. laws of Beaumont that we have now with restrictions such as setbacks that hLt has ealllyttouga tolbuiildal� five open space, paring, rto. ble. The units per lot - and to make the lot app er acre olc? homes that are on those parcelwith3hibuildings - 3 he cuts down to 3 per a?ar.t.ments. It makes i.t real tough to sale or to oroduce some apartments and make your payments. The lot becomes passable at that point. The way you have it now, 32 per acre and the laws you have that abide to each land, it is the way to go. when you bring it down to 16, the builder s or homeowners would just pass the lane and go elsewhe It doesn't make it re. feasible. We're talking single lots here, now if you I an acre it's a different story but the way it is designed now, a person owns 2 lots he will get 3 per lot. ,Ic couldn't get a loan on something like that. It just doesn't make sense because you're (inaudible) there is no wav you can do it. The rents in BBeaumont is feasible to people that live in Beaumont - you can' get outrageous rent. I disagree with Section 8. I feel at the worse, it should be 24 per acre - and you have to keep in mind what apartments really are. I'm sure we all had ]rids and when the kids do leave the house they are not gonna go and buy a home or my kids aren't - they're gonna start somewhere - they have artment start with an apartment. ',then they live in apartment in this community and they like this community bI'm isure someday they'll buy a home in the conununity, chase them away now by not offering them apartments I'm doing a disjustice to the children of our area. We're gonna lose them all and this will be 00% seeftr citizens and we all pass away what is g onna So we have to look out for our children and the way we 100:; out for them is to have housing for them. We have on Chestnut, we have at 726 Chestnut - we submitted >l on September 17th for 750 and 718. well during this t:.r:e, the Interim of study and we. have been kinda at hold, meanwrhilo We arc waiting for the study to be resolved:. We had proposed five units on each particular lot which with the setbacks and the open space and parking it fits just: fine. If I had less I would have more vacant .lane', and it wouldn't be feasible to do this project - so I really fe l strongliothat we on should. at least put 24 units per Burton: Vic schiro. schiro: Can you catch me later. came litre with the idea that it was a City of a lot of dilapidated buildings. And I thought- what can I do to try to improve it here sinew I'm going to he living in the area. so in the ,:process of. this, I looked and I could see low rental income on some of these dilapidated areas - which I own quite a few of them. And the idea - reason that T. purchased them was becauss they were multi zoned . I use multiple zone (inaudible) but a high density zone. Whether it is high density or medium density makes no difference to me. The whole idea is to take the best use for the property and to me to have a single family and have to rebuild at present day prices, to have to build and I know you are not really interested in my economics, but the economics flows on over into the communty if it affects me it affects you, it affects everybody. For us to put something in that would be feasible study feasible plan for best use of each and every p arcel of pro ?erty that I own and other people own in the area. Now I know there is lots of residences to - this to try to keep the community as rural as possible. Well, that may be fine, but as the gentleman just before me stood up, it's our children that we're thinking of not me, not you, (well may be you ladies up here), but not the rest of us - is to make it where it will follow in with the future of the City of Beaumont. It either has to go two ways - it has to regress and go backward or maintain as an ancient City, in all due respect that's quote un quote, or to modernize a little bit and to enhance it with a type of buildings. I do not care for a multiple height in buildings because in certain areas I think it looks like a slum and all due respect to any builder and I happen to be a builder and a developer, I would rather see them low and stepped up so that they look like something nice to the community. Now I can't see the reason for the total zoning of Area 1, (upper left corner). This happens to be where I have the majority of the parcels of property that I wish to develop - and that is the reason I came to Beaumont. I see lots of other areas that might be conducive to this, because they are already dwellings and they have the new type homes. Very seldom will you find a builder that will come in and buy an existing home on a piece of property and the building is dilapidated with the idea of the expense of destroying that building or try to rent it out and remodel it and to try to make it DWI for itself at today's present prices - it's impossible. So I made a feasibility study of it myself and I found out that I could go into the hole as much as the ,property and when I say in the hole I could lose yearly what normally I would be earning if it were a multiple type dwelling. I keep using this because I'm from Riverside. We have a little different ve.rbage there. So in Riverside T've had the same problem of what we call downzoning and because of this it has come to my attention and I brought it to the attention of Mr. Koules, that there are certain legalities involved in this that the City of Riverside and every other City should take into consideration and I'm sure vour attorney knows what these things are. When you or make your City into a t.hrrivin_ model City instead he being something that is rust uy people my age. The reason I sa my age, is because most people my age Y ooc'. Ole days ". well the "good think in "the up and look at any structure Ole clays" 1 "good ole that is built and is standing today and the "g days" the houses wouldn't Pass the inspection of somebody that knows nothing about: building - and this F., %that I'm trying t:o do upgrade the ar.eaooseAnthat .now Of no other ray to c'`t ma )ecapbetter.ostudy and I this goes through tlt.is way, Y' You folks 1[cules has done a fantastic job. think ..r• this but there 'ilea:^ have all I'm cure parr ci- paled in must be a more reasonable inproach to it wherry it can acconu.todate people with v n that v mucto in and Chin live in this community. YOU I3at rton Ryskamo Ingr ,7o Burton: In0ran: Than:: you. George, vOu want to comment on the legality? I (inaudible) refer. to the memo that Weaptecularlyareaa but in any rezoning action in giving to the type of would be legal - we're not g ig anyway shape or activity that represents taking, Y Y form. You can go back as far as the case back in 1920 and establish that the concept of the City has a right to zone. Mr-. I:ucl:id at that time was in effect down zoned and challenged the City's right to do that to him and it went all the way to the United States Supreme Court and they upheld the City's right. The "ta};ing" type issues that we're dealing with now, we've talked about those before deal with the City eliminating any economically viable use. In the particular case, it created such a stir it'll last 6 months to a year. The one to bleed pop erty. ordinance that eliminated all uPes to the property. Y• doesn't mean that you can't rezone the property, and in the process there_ may be property owners who will have raid a high price thinking they were going to ( 4naudible), multiple family units on and may take (inaudible) but that doe:,n't mean the City owes them anything in terms of the overall zoning. reorge, o.k, can You define down zone to me? Are we referring to units or valla,�? First Of all let's keep go-tg• 0.;:. I ant to %nov; what own t]o, doa:m is basically - :e're talking where we take it it's less density. It's reducing it from or residential high density to residential 321 units nttc,ythe single family. When y going acre for the 16 -- IngraO: Doom sometimes has a_nactually downzoningn could call it unzoning y - people `tellivk: 1'es. ti came with the sanuI intention as the gentlemen before 1110 that. spoke. nboUt. 2 and half years, we wont to improve the City as the same thing as a1'Yrodertelse who comes to the community. Therefore, my property is just behind the City hall (inaudible). Burton: p;tlat subarea is that'? You les: Subarea 8 and we're proposing 16 dwelling units. Melnyk: I bought the property because the reason, it was R-3 zoned. By pure luck I come to the City Hall and I was told I cannot build anymore (inaudible) that property next to my property left and right looks in terrible shape (inaudible). Burton: Thank you. Mr. Schiro. Schiro: My name is Vic Schiro, I live at 3680 Banbury_ Riverside. Steve looking at Section 2, No. 3 (inaudible). Commission - chairperson, I would like to address the areas of Section 2, Section 3 and Section 8. Using the numbers that the City Planning Director gave us using the rule of thumb here, we show or rather all three of those sections have more than a 20% or 1 in 5 ratio between single family units and excluding the lots than sections 2 and 3 are ,hown to be low density (inaudible). Ingrao: Start it again. You lost nu real quick. Schiro: 0.1:., if I can point from here, Section No. 2 -- Kou 1es Subarea 2 is tY1e sliver f,-om the west side of Magnolia from 8th to 17-th, Subarea 3 is the larger portion running along the cast s.i.de of Magnolia (inaudible) Pennsylvania from (inaudible). Schiro: ?,00king at those two areas on the numbers that you gave us Steve, it shows that in Section 2 we have something near 23% or sonething less than or one and a quarter to five multi family lot uses as g opposed to single ifamily lot uses. What Z m t_yin to point nercentage. (inaudible) . Koules: (inaudible) 21 lots are presently (inaudible). Schiro: I have four out of seventeen. Koules: NO not four out of seventeen, 4 out of twenty -one, seventeen are single family (inaudible). Schiro: 0.'k., I've figured the ratio of how many multi, how many legal (inaudible). 1 linnudible) RECORDER NOT FUNCTIONING WELL. calculations, there seems to be a problem between density now and Title 17. And what I find that is, open space, parking requirements, driveway requirements and those type of things, so these numbers are not aligned anv longer.. A graphic example, of something that has gone through here would be that project that I don't );now - on 8th and Penn, where he had the ability to put in something like 32 plus and wound up with like 22, con,orming to the open space requirements parking requirements and those type of things so all I'm uointing out with this statement is that we're not longer in line between density and Title 17. And the r.eaS0n I'm bringing this up is because now we are s0plying R1 ?B - RMP - RMP to different sections in here, arc in the low density whatever that was called in other areas. But these two numbers are no longer (inaudible), so I think we maybe should point out in the study taht we ought to check this and see why if the fe11o%:7 at 8th and Penn. was able to put so many accor.Qinq to the plan, why was he really down - I think it was something like 32, 33 and he came out with 22 - lie lost 10. That's gonna be somewhere between 28 and 30 percent. Sec: 26 Victor. (inaudible). Schiro: O.k., (inaudible) correct to say he has lost a conservative 10 to 15 percent. Burton: But Part of that land was zoned RSP. Schiro: O.k. I might point out that with talking with Valerie and I don't know how much of it came to the commissioners, he had hi.s 32 because there was some question as to whether (inaudible) in the open space requirements and other recniirements - - Burton: But it tva the conformity of his lot and what cut him doc,m was that that little back portion was zoned RSP. Schiro: 0.;:. well I would ask, madam chairperson, that we look at the lines now between our. Title 17 and our density because we've modified them and I imagine that Resolution 653 has modified Title 17 even more by removing some of that and adding in more information. I'd like to talk about (again I'm trying to keep my 3 minutes here) second story restrictions. I think and I recall from studies the requirement of (inaudible) in particular that's said 'how much land do I own above my house." The question was, the problem was airplanes were flying over this guys house. They wanted to know do I owl, this from here to the star constellation (inaudible) or do I own it to a particular level. As I m� r. rhia case it was somewhere in the 30's they Ingrao: ,,here are you going to. Schiro: What I'm trying to get to the part of the restriction of the second story in RHD. I heard the mention of second limitations and requirements up around Palm I guess between 12th and 14th Street. The thought is are we talking about Burton: .do we didn't sav that - I ask if there were CC &R's designating that there has to be two story. And there is a CC &R (inaudible) on that vacant land - that is any home that is built must be two story. That goes with the land. Schiro: o.k., what I'm leading madam chairperson is against the idea of single story requirements. The thought of single story to multi family would also apply then - Burton: Ue're not even contemplating that - this is merely a :one change. Schiro: o.k., but I'll go on. statistically because I like getting statistics, we show that just to bring this small fact, I think it was really was brought up by a lot of people and most of the homes are older. The census in 1950 pointed that before 1960 40.5% of the homes were - older than 1960. It also showed that there was about 3% :acvelopr.cnt per year from about 1950 on development as we went along. Again, trying to point out the idea of - I think that when we realign our numbers between density and Title 17, maybe we can take that 16 that is in RMP' and raise it. Because looking at a small .lot that I believe that are on Palm as I remember looking over the maps, they're defined as small. lots - small in death and I think on Maple on. we get into lots that are 150 and less than 150. When we tall: about lot size to the density of 16 we've now restricted those developments (the smallest) to about 2 units and gone over (inaudible) Pennsylvania and that type of area and allowed development to be you know the full 16 or so. What I'm trying to get to is the idea that most lots have a tendency to be less than two - tenths of an acre. Rem-: Not here they don't. Schiro: e7ell my lot on Palm Avenue Mrs. Remy was .22 of an acre and that lot was 60 x 150 - I know the lots on Maple I believe were smaller titan that so that leaves me to believe that the lots on Maple would be .21. I know my lots on Chestnut are between 2.3 and 2.4 long - on the normal lot 60 x 170. So I see that these numbers are sub the .25 that we need to put at least four units on a lot. Remv_: Set out to Michigan and Pennsylvania (inaudible). Vv own lot is - - Burton: But that is all zoned RSP. think they really get large - one lot was like 300 feet deep. Remy: They are all different sizes. Schiro: Right. I think let's be fair and say o.k., Mr. somebody on Maple, you have the option to build at least four units on your lot. The thought saying "your lot could house four units" if it can, using the density against the Title 17 if that is what we can find in the study, because we can allow that, then I think we have to move that 16 up. I feel the 16 should be only about 21 - 22, not 16 and not 32, but I feel that it works out somewhere between 21 and 23 units per acre. Burton: I don't have anymore requests to speak. Do we have anyone else? Mr. Rouse. Rouse: I would just like to have one minute. Burton: 0.11. Rouse: I'm Prank Rouse again. I have a proposal that might be worth some consideration with this commission, and that is this. That this City needs revenue. Now in making a change to single family you're gonna limit your revenue to a much smaller amount. But to work up some kind of a thing with a spot zoning, and I know certain people hate to hear this spot zoning cause it means a lot of extra work. Burton: It's illegal to spot zone. Rouse: O.k., we won't call it spot zoning - we'll call it architectural control - now if you have an architectural control in here - if you had a architectural control as to the design of the buildings and could have the people that put in or the builders or the developers or developers that were building a low density in this area in here would have to bond a little more than what they would normally do to help off -set the extra services necessary in your City and that seems to be the major problem - the services right today are not adequate to take care of the City. This seems to be - the only thing that I can find - can see, is why we're going to a single family - single family building. Dlow if you had a high density, with a higher amount of money that was agreed by all builders to put up - to help out (inaudible) to pay for these things with a strict architectural control instead of some of the multi story buildings that are going in right now that Tool: like something out of a ghetto - now that is my own words -• that is what they do with their boxes with a lot of loops on the outside, the porches aren't wide enough, they are not adeuuate, they won't even pass some of the safety codes or the fire codes in other cities and have strict architectural control and design - you might find it might be a fair approach to this and be reasonable to everybody. and we're not losing all of it because we are retaining some of it and some of it we're going to medium density of 16 du /ac., that would still leave 342 of residential high density in the City of Beaumont. Now 342 acres of high density built out at its theoretical potential of 32 du /ac /., (I realize that is a theoretical potential) would give you 11,000 dwellings units. So I think that there certainly is enough residential high density land on the books that can be developed as such. The cuestion of it becoming one community character around this area - - Burton: if there is 11,000 units for that amount of acreage, would not net out to that. Xoules: I said it is theoretical - - Burton: Sight. Xcules: But even if you take half of that you still have a lot of dwelling units. Burton: But let's don't throw out 11,000 figure - - 'foules: 6•iell that's what - - that - -I said in my comment that that is a theoretical feeling. But that is why we're changing the density - that zone of 32 du /ac /., should never been put in the City of Beaumont - because of the theoretical figure - so let's change that and whichever direction we're going. But even if you take those 342 acres at a density half that dense of 16 du /ac., you're still talking about 5 1/2 thousand dwelling units. So I think that might put some perspective - hopefully. Burton: Is there anyone else wishing to speak. Is it new information? Schiro: Vince Schiro. (inaudible) you know this new proposal that lie has (inaudible) why don't we do this? Why don't we say this? That people that have projects that are in the midst of projects you have 90 days to complete your project and from that point forward this is the law of the land. At least give us (inaudible) of what we're doing instead of just shutting us down completely - let us try to finish it within a small amount of time. This way everyone would be happy. How does that sound? (inaudible). Schiro: We have two sets of plans on Chestnut Avenue at 750 and 718 which were put in September 17th. At that point we weren't - when she did accept our plans, wasn't aware of the study so after the plans in - we bought the land and we're kinda stuck in the middle of this - it would just give us a little bit of time to solve it - would be done. (inaudible) other people that bought land at least they would have an opportunity also. Schuelke: Can I ask you Mr. Schiro to clarify what you're proposing is that - to allow you to go ahead and >,i w;rh vour apolication for the projects and to But if we can correct these problems and re- submit our plans that are in the planning office wwithincaa continue. I'm sure we can correct our part process it wee): and I'm sure whatever it takes your would be over. I wouldn't even.need 90 days. Schuelke: Except that it's that area where you're going to build is effective of somewhat of a downzone. You may have more units on your plan than maybe will be allowed. Schiro: Schuelke: Schiro: Schiro yes - exactly. But here is our proposal, could I get five units and meet all of your restrictions. I coulWe not - no I could not. When we bought the propery it was bought it as high density, submitted our p high density - up until the point that it was at the planning committee meeting (inaudible) and said you can't do this. We were unawal_'e of the situation - that the study was going on. That is what I wanted to clear - that you were saying to let you proceed so I thought prehaps in looking at what staff's recommendation so far is, that the plans y ou have were still in compliance with no matter say you then we did accept staff's recommendation y would be able to build your five units. Schuelke: Schiro: Burton: Schiro: Sight. No I would not'. A'o ..1 would not. }Iis proposal is as of today, when I submitted the plans (inaudible) September (inaudible) when I submitted the olans we went by the laws then then. I really feel that if we had 90 days, I think (inaudible) half way involved. in this . would restrict a new person from doing it (inaudible) but we could tie up all our loose ends. We haven't accepted staff's proposal he is just recommending that to us at this time. There is still a lot of discussion - you know - what changes will be made - the way they'll be made, go strictly with staff's recommendations, it just depends on a lot of analysis still. I agree, but it wouldn't be fair to the people fa a ttare involved - that's what I'm saying. way down the road - if we're driving a car 55 miles an hour and we get pulled over for a ticket and the police -says well the speed limits is 45 - what do - you sign eaupits 45 well we forget to put the post t is all said and exactly what's happening. done hey wait a minute we have a study going on. it just wasn't brought to our attention at that point. O.k. Is there anyone else wishing to speak regarding this. rdy name is Victor Schiro - this is a quick explanation of what my brother was talking about. Two committees lived next door to each other - Alhambra and Monterey park_ What happened there was all ytheTinndustries - They said yes G months this was March had until that the City Council approved October 1st they gave the whole September. October So what it meant was everybody had to get had to have by the 1st part of August because they and all before their - go through the City Planning that October 1st deadline - cause from October 1st on then it was down to a lower number of units Per. I just wanted to pass on more technical information of what that was all about. Burton: Thank you. Now is there anyone wishing to speak on this subject cause I'm going to close the public hearing and I'm not going to re -open. So if you have anything to say, please say it now or forever hold your peace. eman said it right,- and a fair one. Audience: I think the gentl Burton: If you would like to speak, come up and give us your name and. address. Burton: Closed the public hearing at 9:25 P.M. And now fellow 'rn. which end do I want to commissioners ith our new commissioner start - let's start w (inaudible). Bruner: I just have to do a lot more studing on this. I don't have anything in particular (inaudible). Burton: o.k., mxs. Schuelke. Schuall:e: decisionm on tfollowingestaff ['serecommendation or make not following staff's recommendation, but I would like to bring some thoughts to mind again stating and repeating what a couple of the people in the said - that main there are some areas already with concern was was where big was small lots and then buildings among they were building great 9 the single family residences. But then we've not had a project really come before us even the Schiro's since we did the changes to Title 1 so it is true sthat Title 17 did cure a lot of the the problem as far as how many units to those small lots someone could build because the open p all requirement, the unobstr.uction from the second story over. the driveways - those kind of things just le could tool: care of lowering how many apartments people build. Title 17 the changes that we just just recently took care of some of the p so problems from so further lower the number. of units - let's say down to 24 - sorieone still needs to meet those requirements and they still end up with less lots in mind that is just a thought I just wanted us to keep that we do have some change in density just due to I would like at the end that when we those changes. say that it is so many units to the acre, I wuirements was a way that after considering all thoseTreq when you that the number ends the same - equal. I) inits to the the current requirements. (inaudible). Schuelke: Because of the uniqueness of the shape of the lot and it being a corner lot and (inaudible). (inaudible). Rsykamn: When you talk about residential high density and the number of units per acre you are thinking the ideal circumstance is a large lot such as the second parcel of Mr. Whittier's project where we are dealing with 11 acres and there he has the ability to arrange the open spaces and other anemities in such a way that lie can't get those 32. The ideal concept to match these little lots with that high density and have the requirements come out ideal, I don't think is realistic - really vou're looking at - Schuelke: ido, but as we were going through those changes, many comments were made - now, if this change were to take plane you wouldn't see - they would not be able to do such as they did in this particular area on this particular lot. And so therefore, that change was agreeable to evervone. And there was a lot of that when those changes to Title 17 were made. Ryskamp: I have no doubt that ,'that was the reason those changes were made was to try to curtail some of the violations in this area (inaudible). Sc`.iuelke: And the finger was pointed at many of the projects that were already existing at the time we made those changes to Title 17. Remy: There is another problem too - (inaudible). Schuelke: The other problem if S may Ethel - she will get to you in a little bit Ethel - the other point that was brought up that was a very good point is I agree totally that a lot of the problem that we have here in our City is - yes there are some areas that drastically need to change o.k., lower densities - I am not agreeable exactly the way you've got it here but then like Mr. Koules explained. we have the option of changing it around and looking at it a little differently. He did so well at laying out a plan to start with where I. know that I wouldn't have had the capability of even beginning - you know - knowing where to begin, but a point was brought up I think by Mr. Rouse that one problem that we do have here, I believe, is cuality of design and architecture. If we have to (inaudible) our codes on how some of these projects were to be built, we may see a different - you know - (inaudible) that what we .see now that is dense. From there I think my other comment that I would like to make is that I world like to see--us take if we're able to take the approach of taking an leaving the subareas like they are but then working within the subareas and maybe taking a smaller portion of a certain subarea and looking at it block by block because each block is _._I__ mL.,w .- *l,. annrnAnh that Remy: Apartments in the high density zone - Schuelke: NO matter how many - is that what you're saying Ethel. Remy: (inaudible). Don't you remember - Schuelke: But if it is zoned high density Ethel - he In high density tandmlthenmwhichever ha building site area (inaudible) is be Remy: 1360 sq. ft., So - there are very few minimum of 70 feet in width. 70 foot wide lots in the study area - they are all 60 feet or. less. on page 51 (inaudible) revised in June 87. (inaudible) COMMISSIONERS ALL TALKING AT ONCE. Ingrao: If that is true, we zoned an area that is not capable of that zoning. Schuelke: Yeah - that's right - that's what my thinking the same. Then why have that - - Burton: Ingrao: I don't think there is any 70 foot — well because these lots were all created before this went effect. But if that is true - (inaudible) but those lots zoned for a capability that it cannot meet. (inaudible - commissioners all now into were Schuelke: They are zoned RHD talking). Remy: It's multi family, yes, they can build on this multi family but they can't build in RHD and this of effectively what Steve has done - he has changed a lot of this to multi family so they can build you know - a couple of units on them anyway. Burton: You have a comment George? How about you Mr. Ingrao? Ingrao: Yeah - I'd like to disagree with some of the people that have spoken about old houses and of what they prop le of the City. 2 was fortunate enough to live in a coup communities that was like this and went through a total change - takes time and I call it upgrading downzoning, there are examples of it in Beaumont right now - you can take specific areas where there are run- down houses, dumps whatever you want new touscalbuiltem, houses that have been torned down, to new standards, old houses feel if appearance maintain the old app earance given time the City will do that.- are going People takehave careenough of pride in their property, they g g to it. And I think if multi units come in - it's not going to happen. They are going to be forced out and �.. .,. ...eA Anwn - coming in here from out of the they area, orange county area and we Ingrao: (inaudible) people think - God I got a from the L.A. Ve got a nice are getting buys out here and they they house for $50,000. (inaYadede). - they didn't put four house. They have he upgrading units on the lot. They are not worried about eal the value of the property for their personal wealth. is much I don't agree with in that within the Burton: There But I would like to make one significant B study axed• now '[ understood that the reason that so point (inaudible) _ this study was there was we were doing this area single much opposition to building on these - next to q family housing - apartment buildings and new zoning - that it was high density and they were living want an to a single family house and they didn't not apartment - take the case of Mr. & Mrs. (inaudible) Is back yard, but I don't have anybody here that in in my body has been in favor of this zone change. Every opposition to changing the zone that we have now. Everybody that has spoken - now I don't know if there of is anybody else out in the audience IS didn't favor changing the zone (inaudible) ehas been in opposition anybody. Everybody that spoke to changing our zoning. Ingrao: Another thing they are all from out of the area. Burton: Well, the point is even if they are out of the area, the people that are living in this area (inaudible) that has really been pushing for this zone Chang this study that live right iimeteonn orewhatever toaucome - they don't have ereenough Mrs.p McMillian she gave us a down here. petition. Remy: it went to Council. Burton: It starts at the Planning Commission. I don't know what to tell them but that is our law. Ingrao: We've got a petition here Patti.- - we would like their ideas. I'm �7e do have a petition "let's have your ideas Burton: putting them down - I m saying a it carte not p Do you want us to just Chang I too." (inaudible). - is that what they wan t? blanche to all single family don't -I can't read their mind. guess Schuelke: B e were lots of complaints about 'But the purpose for the study originated due I several people feeling ther Burton: night. family residences Schuelke: Being built around their single (inaudible). T here - I don't: understand that. They are not Burton: But then Dennis you go back elderly gentlemen he is not looks to me to be a senior build apartment complex, live - I might want to do that. Ingrao: Burton: Ingrao: Burton: Ingrao: Burton: Ingrao: Ingrao: to (inaudible) is - a 25 - 30 year old citizen, maybe he I know what you are saying - Beaumont is present - to downzone it - that's what you saying is - everybody that is here has spoken in of changing it.. he is man. wants in one, and have an income an He to that no body from the City of support this moratorium or said. [,that I'm opposition P.ight. I would like the other side (inaudible). I would to after I hear it from other people that aren't here - they are not here Patti. I know. Everybody has heard it from somebody in town - specific examples of "God where did that come from." (inaudible). (INAUDIBLE - COMMISSIONERS ALL SPEAKING AT ONCE). The reason they are not here - you can't second guess them. I did not go to the City Council meeting were they there? George did (inaudible) opposition to retaining the high density? Schuelke: Did you have considerable input from the people originally we heard there were complaints because there were all these apartment buildings - - Ryskamp: There were some - there tended to be primarily developers and basically people you have heard tonight. Ingrao: from being in the town and around different peOple - tare are the one's that are complaining to me - why Y not here I don't know. (inaudible) necessary for them to make a public appearance. Burton: (inaudible). Schuelke: If I may madam chairman Burton: Yes. Schuelke: I would whether that - I feel (inaudible) we've got complaints you know - some in writing (inaudible) and then we have the oppositiushould wbech(inaudible). Sur proponents and opponents - really what it all boils down to is it is but it is going its not like we're gonna control the City to be up to us to really anaits p it toathemswhyythey are therefore, my suggestion is - its be approaching not here, and we can only do our best job decisions and beginning to look at4 t a,mmmn�itvsand then as to long enough, where the commission three times in Because I've sit on robably Schuelke: we've been through zone changes y,have, been initiated by you listen to them and the time live been here and they e of complaint and so Y you begin to really the same type Ze it and then when yout then when you you begin to analy resent to help, the same people come back and you do the work no one is p are all done with it, _ anyway. didn't do the right thing ou what the And there are some areas that I can tell hem (inaudible) the madness wasitnis °Zoned commercial. I reason behind Magnolia why Because I'm sure You the west side of D1m you call it could give you some input - what Y wonder why was that little Burton: Sliver. in the world who ou thought why and I You look at that sliver y can remember Beaumont Schuelke: _ why and one reason that I as all did that work on that was that the lotsasldeep Will pull my are only venue thlotarinztown - the r1651feet deep, oned Koules: I think the zoning is 155 feet deep . and what was envisoned at the eredevelop Schuelke: 155 feet deep when Beaumont Avenue to hopefully one day that it would be and the into a larger commercial area, line of Magnolia back over to the westerly - course I move of - is it Euclid Avenue on line of easterly line I remember doing the easterly don't know how. now - I the Euclid where it changed back to whatever it is but that was the reason for.kgeWellCouldndopen don't know, you know the commercial land being commercial - Y for Beaumont Avenue to commercial and do the narking further back or build it up front the commercial in the back. is You had that map that You know what would be hel full - there is a blank Burton: ls basically shows what the existing Your if it could be color ty and showing map to your right high density proposal - single family, helpful- density that would be real help Schuelke: It would be interesting to see how it would look. (inaudible). b just probably do this on this map151dwellings to the Koules: I could p h density because taking some colors and making acre and calling this residential hig everything for the moratorium (inaudible). Remy: YOU can do it yourself on this map u there Ethel. Burton: well I know that but he's gotta big map p Schuelke: Madam chairman can I ask George one question? Let's just say we were to follow staff's Chas what happens to the legal non- . _ _ ___A A,wn to RS would allow some residential un its ow to the its forever non - conforming right - one that is not limited by time* extent that those properties were wouldtrevert back to used at all for over a year they if they had the the legal status. So I imagine apartments vacant for a full year, then it would °with to be legal - non - conforming. (inaudible) likely residential property; however., commercial that does haopen. to burn down to the ground they would Schuelke: Now if they were not be able to rebuild (inaudible). Ryskamp: No - well onceOir recommendationJwould also ebe that the (inaudible). specifically ordinance we propose for non - conforming use dg, repair ling, allow for. reconstruction, than the building reconstruction with nothing more that And that in addition, hermit that (inaudible) - alteration Mansion, when a there be the Opt 1O1ermitdoesnotset requiremnts proving conditional use p harmful impact would be an the need and (inaudible) Y mitigated (inaudible). to would recommend our Andnon-co workingsonsthat section needs that's something this body wants corrected, you can put it on the next agenda along with this item (inaudible). if it were rewritten o allow them Schuelke: And then further., uses - therewould continue using those non- conforming be no consequences in the lending department and in the insurance department for those type of buildings. Ryskamp: I can't speak for lenders or insurance, all I can say is that legally they would be able to rebuild e possiblelto more than a building permit and it would be P do alterations or expansions Schuelke: ' .Choy still mi ght be faced with a possibility of being rejected for financing or for insurance purposes. Ryskamp: But that is also possible if they are building apartments on small lots like that too. Yes (inaudible) possible at any time. Schuelke: Unless it is zoned - unless that small lot is zoned for Ryskamp: Ingrao: (inaudible) (COMMISSIONERS SPEAKING AT ONCE). Even if it is zoned it may not be possible to financing on it - they might not like the project. If he has agreed process why would or loaning on the Pak to that - - there are probably I can olic that if companies who have vehaYblaoketWe re not going to let him rebuild (inaudible) they disagree to insuring the propert? get permit property Ryskamp: There are insurance 1 Ryskamp: It would legally. Whether that is a practical matter - it's going to guarantee that all insurers will insure I don't - I can't speak to that. Burton: Well we are not going to make any decision tonight. Ryskamp: You're all under - I'm not suggesting you should; !ZOU'' I think you need to recognize that due to the way that it was handled in terms o under antvery ordinance at the council level, you're strong mandate to complete it at the next meeting. s two weeks to trip about Burton: Right. But this would give u town again. ing with that at all. That is Z think was a recognization Ryskamp: I' not disagree rt why it was set up the way it was, that it would take a little more time than one meeting. Burton: Is it a violation of the Brown Act if they all went together? Ryskamp: ilnless you would like to continue this meeting - - Burton: No. joining Ryskamp: Can't provide the possibility of the public j you. (inaudible). . . come along pointing out item by item (i.naudible). Burton: only Vic Schiro. Schuel }:e: Aren't we able though to break it down into what the we'd like to approach first (inaudible) by next meeting we have to have r. had ou decision on the whole study. well at the next meeting if we are not able to get to the other subareas are we able to city council to extend the interim request the for subareas that we did not make ordinance only decisions on. Ryskamp: Can you recomm would be end that - Yes• requested realistically is it likely - Z think apolitical statement I not that rather - we make, but I do know that we felt that it should be given more time - our request was for 6 months, the maximum that the council or at least the one council member who was making the motion would give was go days. Schuell:e: I can understand (inaudible) it sure gave us a push into getting started and outlining the areas (inaudible) but we aren't able to - Rvskamp: well - keep pushing - - SchuelY.e: s!e aren't able to extend that (inaudible) again from what I understood at the the city council meeting - Burton: Could we release certain areas? - --I at the next meeting. (inaudible). Ryskamo: The council has given you .a mandate to make our recommendation. I suspect if you make Will recommendation for only parts of the areas, they carry it from there and handle the rest of the areas as if there was no recommendation. Burton: well I don't know how they could do it any faster than we can. Schuelke: nerble) e?utosi see how much it down our dohe javenowbrken meeting was cancelled the last time where we couldn't e've got it in subareas give any input then o.k., now wt look at the subareas whether, it is why can we no sequence as to the wadeci. iKouleschas inmsubareasemand get busy in making ask request those we can't get to at the next meeting, that you can for. an extension. There is nc way possible sum as they just these l re( inaudible )staff'srecommendation Ryskamp: F.meline I said that very thing at the city council meeting and the motion was made for go days. Schuelke Rvskamp: Burton: Ryskamp: But I'm asking you now and I think - - well I'm suggesting to you that you are asking me political (inaudible) can we legallyextendlit - we have one more extension - will you get can tell you is what happened- (inaudible) 23rd. it doesn't have to be decided until NO it has to be effective March 23rd, opened up again. the month of February and e first meeting in March. for a - yes, all I March or we have it Burton: Theoretically we could take send it on to the council th Ryskamp: There is a February 8th public hearing set for the council meeting. The council had wanted the matter completed within the go days - that was the direction given to staff. Now once again, if you're telling me its impossible, I would point out that the motion was made by a council member not myself. I requested months. can attnd Schuelke: Can we continue this neannin a special meeting of p g ek l commissi n to only review this. Ryskamp: Yes. Schuelke: That gives us two meetings- - ..,.�i;� hearina and you could Schuelke: It is our responsibility and somehow - - Burton: Ethel can you be here at 6 o'clock instead of 7? Remy: when? Burton: Next Tuesday. Remy: Why 6? Caone of you will be able to eat. (inaudible). ingrao: why can't we be adeque tohdo This - why do .we (inaudible) under the gun. Burton: Ingrao: Burton: Because staff wants - - will council come guntandhmakee s with us Because that is part of being a planning commissioner Mr. Ingrao. have us then. Ingrao: Fine. Schuelke: And we were given the 9ption of extending- - Burton: May I remind you that you filled out the application that you wanted to become a planning commissioner. Ingrao: Don't push it please. Burton: That you wanted it and you got it. Schuelke: Do we have to reopen the public hearing in order to continue it? Ryskamp: No. You are not continuing the public hearing, what you're going to have to do is call a (inaudible) this meeting but you will have to isuover submit a request for sp ecial 5 days and under Brown Act, Ibd�n'my have memorythisg that (inaudible) in January 1, Y me to double check that, but cannot postpone for more than 5 days and I think it was calendar clays - that was one thing I don't remember for certain. if in fact it is 5 calendar days, ecial meeting with an Tuesday you'll have to call a sp agenda posted (inaudible) but that can be done. Burton: (inaudible) 24 hour notice for - - Ryskamp: we've got a 24 hour notice and then we have - (inaudible) 72 hour posting for the agenda, in any case we can accomplish but Ian be done . suAnd I will iverify s the that tomorrow, procedure we'll have to follows. would Ingrao: councilmembereand to relayeit to the rest, of then council• :�-M *him ;mnortant and this is effecting- soFina�y Ingrao: Well it is just ridiculous. Ryskamp: (inaudible) may I? Burton: Yes. Ryskamp: Since I was present at the meeting. Basically what it came down to, is there was going to be what is standard procedure according to state law a 10 month and 15 day extension. It was proposed by Councilman Waller as I recall that we make it 30 or 60 days - I don't remember which it was and we said realistically we thought it ought to take about 6 months to put together allowing Mr. Koules to become familar with the area and he has done a heroic job in getting together - - (inaudible) considering he didn't know it. Well, our recommendation was if 10 months is unexceptable because there is a distrust why don't you give 6 months and at the end of 90 days require a report - status that has to be brought to the council cause the council cut off the period at any time and upon making that request Mr. Waller then made a motion that it be 90 days and nothing more and made it very clear that he would vote for nothing else. And it takes 4 votes to pass the interim ordinance and .Mr. Shaw had already (as I recall) departed that evening because (inaudible). Schuelke: And prior to voting Councilman Connors ask the question if at the 90 days we are not finished are we able to extend the ordinance - Ryskamp: Can we extend it once more. Schuelke: And you said - and so on that basis you've (inaudible). Ryskamp: Legally it can - it legally can be extended, there is the question of course will it be. Schuelke: It legally can't? Ryskamp: Can be (inaudible). Ingrao: (inaudible) you drive your car from here to here and you've got a gallon of gas and (inaudible) and the guy knows you're only going to get half way. (inaudible). Remy: Come up with a report on it (inaudible) the next meeting or special meeting whatever as the case may be. Ingrao: Well I don't know where everybody gets all the extra time to go through this stuff. Remv: I tell you I'm in the middle of taxes too, but I'm going to do this anyway. Burton: Well let's continue — well we'll just adjourn this meeting and then I'll call a special meeting for next Tuesday. BPAUMONT PLANNING COMMISSION M1NUTliS OF SPECiAL MEETING JANUARY 26, 1988 The planning Co,riinission met in a Special Planning Commission Meeting on Tues4ay, January 26, 1988, in the City Council Chambers with :: hairperson Burton presiding. meeting was called to Order at 7:05 P.M. On Roll Call, the following commissioners were present: Commissioners Bruner, Tngrao, Remy and Chairperson Burton. Commissioner : ?chuelke arrived shortly after roll cal].. Attorney was Pys%amp was also Present at this meeting. Aff.id+ivit of Porting was read. The Pledge of Allegiance to the Flag was observed. 1. Sp­ Study Area - Urgency Interim Ordinance No. 651: City Initiated General Plan Amendment 88 -GP -1, Rezone 88 -RZ- 1 and Initial Study 88 -ND -1, for those portions of the City within the following boundaries: From the Western City Limits to Cherry Avenue and from 6th St., to 11th Street. .lttornev Rys?.anro informed the commission that the Brown Act Jco�s mandate that there be a period allowed for open comIM1nication from any citizen at each and every meeting. Chairperson Burton asked if anyone :Eroni the aticlience wished to speak either for or against Interim Ordinance No. 651: The followiriq citizens addressed the commission: Nancv Titus, 660 Pennsvlvania, addressed the commission as a proponent and commented that she was representing a group of citizens for single family. Valerie 'Monroe, 666 California, addressed the commission as a nrononent for down zoning. Ron Iloff, 798 ,Michigan, addressed the commission noting his concern of apartment housing and location. Bill Williams, 1235 Wo.11wood, addressed the commission s', eaking f.or the Beaumont Chamber. of Commerce noting he wanted to eel) the area light industry as is. Leo Gray, 290 W. 10th Street, addressed the commission commenting that lesser units and single story would be oetter. for Beaumont. Frank Parrot, 655 Edgar, addressed the commission commenting that he favors the higher density behind the commercial general. Ruriol h zerr, 633 E. 13th Street-., addressed the commission iiotinq his concern as to what s going on. TL was noted by CDD Koules that in researching the files and going hack to September 1989, all properties within the City of Reaumont that was zoned R -3 and was shown on high density residential (which at that time meant 1 to 16 units to the acre) that this designation was changed to the present high density 32 du /ac. Cpp Konica commented that it would to agreeable on Subarea 1.1 to change the recommendation to read: Change the cxtsting (general Plan designation of General Commercial to Light industry and retain the existing zoning of Light Commercial Manufacturing. On Subarea 12 we would change the recommendation to read: Retain the existing General Plan jos ignal.i.on of Light Industry and change the existing zoning of Commercial Keneral. to Light. Commercial manufacturing. The - ommi,si.on after lengthy ALncussion and consideration, and af.tcr.- CDD Koules amended Subareas 11 and 12, the following motions were made: On motion by Commissioner Remy, seconded by Commissioner Ingrao, recommending approval of Subareas 1 through 15, as per staff's recomrnentations: Motion failed for lack of a majority with the following roll call vote: :'YES; Commissioners Remy and Ingrao. '1OH'S: Commissioners Bruner, Schuelke and Chalrp'rSUn Burton. r1liiTr -.Igj: None. ?.RSE'NT: TIone. After discussion, it was decided by the commission that Subareas 11 and 12 be takened out of text and voted on. OUT OF CONTEXT: Subarea 11: On motion by Commissioner Schuelke, seconded by Commissioner Bruner, recommending approval by City Council per staff's amended recommendations for Subarea 11 for the following: Change the existing General Plan designation of General Commercial to Light Industry and retain the existing zoning of Light Commercial Manufacturing. Motion carried unanimously with the following roll call vote: AYES: Commissioners Bruner, Schuelke, Ingrao, Remy and Chairperson Burton. NOES: None. ABSTAIN: None. ABSENT: None. Subarea 12: On motion by Commissioner Schuelke, seconded by Commissioner -------- , i—I aInrnwAi by City Council of staff's recommend a l- ion he a tentative recommendation and then come back and focus on a total recouunendation and adopt the Negative Declaration at that time. subarea 5: On motion by Commissioner Remy, seconded by Commissioner ngrao recommending approval by City Council per staff's recortmenC:ation as follows: For the westerly half of subarea 5 (parcels 001, through On6): Change the existing General Plan designation of high Densitv Residential to Low Density Residential (5 d.0 /ac) and change the existing zoning fl-om R(�s.idential )sigh Density (32 (lu/aC) to single Family itesidcntia].. 1?or the easterly half. of Subarea 5 (parcels 003 and 009): Ret<,in the xist:ing General Plan designation of High Density Rosidential (32 (1u/aC) an(' retain the existing Residential 1!igh Density Zoning (32 du /ac). subarea 6: On motion by Commissioner Remy, seconded by Commissioner Tngrao, recommending approval by City Council per staff's recommendation as follows. Change the existing General Plan designation from medium Density [residential (16 du /ac) to High Density Residential (32 du /ac) and change the existing zoning from Residential Single Family to Residential high Density (32 du /ac). ;;uh_area 7: On motion by Commissioner Remy, seconded by Commissioner Tngrao, recommending approval by City Council per staff's recommendation as follows: Retain the existing General Plan designation of high Density Residential (32 do /ac) and retain the existing zoning of a.osi- dential lli_gh Density (32 du /ac). PAOtion carried un ani;rously with the following roll call vote: AYES: Commissioners Bruner, C'zairperson Burton. NOES: None.. ABSTATN: None. ABSENT: None. schuelke, Ingrao, Remy and r,lans were then distributed to the commission by CDD Koules. Atl:orney P.yskamp noted that the Ordinance pertaining to non- conforming uses has been prepared and will be presented to the commission at the next meeting in the form of a report. Subarea On motion by Commissioner Ingrao,�, seconded bl Cofmistaffes ABSENT: None 1 ,. I I ( c„ ,4 on motion by Commissioner Schuelke, seconded by Commissioner 3runer, recommending approval by City Council then amending her motion per 1•1r. Ryskamp's suggestion to read: line mic9 -way between 10th and 11th Streets at alley ,'.un a bcLCacen California Avenue and Edgar Avenue, south to 9th Street, then east to the alley between Edgar. Avenue and Subarea uclid avenue, run a line south to 7th Street into to the 10, and then west to California Avenue, then south 6th Street, commercial zone strip along the north side of Euclid Avenue and then easterly to the alley between due to a point Iicaumont Avenu -, and then .run a line north 11th Street. Motion carried with way between 10th and he following roll call voto,, l r. d r''' , AYE Conunissioners Bruner, Schuelke and S, Chairperson Gurton. Nor"S Commissioners Zngrao and Remy. %1P.)Th7N; None. A PS: CNT: None. Subarea. 10: on motion by Commissioner Zngrao, seconded by Commissioner Remv, recommending approval by City Council - then amending her motion per Mr.. Ryskamp's suggestion to read: Run a line mid -way between 10th and 11th Streets at alley ht =tween California Avenue and Edgar. Avenue, south to 9th Street, then east to the alley between Edgar Avenue and nto Subarea Euclid Avenue, run a line south to 7th Street i anti. then -rest to California Avenue, then south to the connncrcial zone strip along the north side of 6th Street, than easterly to the alley betcaeen Euclid Avenue and Rcumont Avenue, and then run a line due north to a point riid -wav I.>etween 10th and 11th Street. Emotion carried with ti-le following roll call vote: Ay!;5,: Commissioners Bruner, Schuelke and Chairperson Burton. fIC*;r: Commissioners Zngrao and Remy ABSTAIL1. ":one. ABSI'NT: None. Commission recessed at 9:31 P.M., reconvening at 9:45 P.M. Subarea 4: On a motion by Commissioner Schuelke, seconded by Commissioner Remy, recommending approval by City Council per staff's recommendal.iorr to read as follows: Retain the existing General Plan designation of Low Density Residential (5 du/ac) and change the existing zoning from 'igh Density Residential (32 du /a(--) to Residential Single Pamuly. Potion carried unanimously with the following roll _.a11 Vol!(-: Remy and Density Resi dent ijal (32 du /ac) to Medium Density lzoSi don tia1 (16 du %ac) and change the existing zoning from esick.nti,il ILigh DensiCy (32 du /ac) to Rlsidential Multi ,'amily (16 du /ac). ?lotion carried with the following roll call vote: Ny1;; Connnis:u.oners Bruner, Tngrao, and Remy. NciP,:3: Coimr,i.ssi.oner:; Schuel)e and Chai.rperson Burton. APf;TAIN: None. ABSi;NT: None. subareas 2, 3 and 9- Subarea 2: On motion by Commissioner Schuelke, seconded by Corm staffer Bruner, recommending approval by City Council per reconurenclat.ion and amendment thereto. C!iange the existing General I'lan designation from General Comore; -cial I:o Low Density Residential (5 du /ac). Also, change the existing zoning from Residential high Density (32 du /ac) to Residential Single Family on the west side of Sagnolia from 10th to Ilth Streets. The remainder of Subarea 2 (west side of Magnolia from 8th through 10th ets) c`lange General Plan designation from Commercial General to D1edium Density ??esi.dential and change the zoning from nigh Density residential to Multi- Family Residential. AYO, : Commissioners Bruner, Schuelke, Ingrao, Remy and Chairperson Pur.ton. PIOTiS: tone. ABSTAIN: "lone. ABSENT: None. Subarea 3: on motion by Commissioner Schuelke, seconded by Commissioner. Bruner, recommending approval by City Council of the following: Charge the existing General Plan designation from high Density Residential (32 du /ac) to Medium Density Residential (16 du /ac) and change the existing zoning from Residential Iligh Density (32 du /ac) to P9ulti- Family Residential on those portions located on the east side of Magnolia from 8th to 10th Streets and on the west side of orange from 8th to 9th St' -eets. For the remainder of Subarea 3, change the General Plan designation from High Density Residential to Low Density P,es.idential and change the existing zoning from High Density Residential to Single Family Residential. AyT,S: Commissioners Bruner, Chairperson rurton. NOES: None. ABSTAI " ?: None. ABSGNT: *Bone. Subarea 9: Schuelke, Ingrao, Remy and seconded by Commissioner 1. ABSENT: None. Attorney informed the commission that you have to have a Felt, that it vote on the Jegative Declaration as a whole. tentative; haci been established at the beginning as a to that however, it could be done now if there is a motion of the effect to approve as a final recommendation all tentative, recommendations. on motion by Commissioner_ Ingrao, seconded by Commissioner Schuelke, recommending approval of all of the tentative a final recommendation and approval of recommendations as 88 -ND -1. Motion carried unanimously Negative neclaration with the following roll call vote: AYES: commissioners Bruner, Schuelke, Ingrao, Remy and Chairperson Burton. NOES: None. ABSTAII;: None. A13SBNT: None. Therc tieing no further business before the coamission, the moctinq adjourned at 10:29 P.M. Respectfully submitted, Planning Commission Secretary l BEAUMONT PLANNI14G COMMISSION MINUTES OF SPECIAL MEETING JANUARY 26, 1988 The Planning Commission met in a Special Planning Commission Meeting on Tuesday, January 26, 1988, in the City Council Chambers with Chairperson Burton presiding. Meeting was called to Order at 7:05 P.M. On Roll Call, the following commissioners were present: Commissioners Bruner, Ingrao, Remy and Chairperson Burton. Commissioner Schuelke arrived shortly after roll call. Attorney Ryskamp was also present at this meeting. Affidavit of Posting was read. The Pledge of Allegiance to the Flag was observed. VERBATIM TRANSCRIPT OF URGENCY ORDINANCE NO. 6 Burton: Our only agenda item tonight is the Urgency Ordinance - Interim Ordinance No.'651, City Initiated General Plan Amendment 88 -GP -1, Rezone 88 -RZ -1 and Initial Study 88- ND-1, (for our audience, I always use to set out there and wonder what GP and ND - all that means, GP is General Plan Amendment, R7, is rezone and ND is Negative Declaration), for those portions of the City within the following boundaries: From the Western City limits to Cherry Avenue and from 6th St., to 11th Street - including the north side of 11th - I believe isn't it? Koules: Portions of north - yes. Burton: And do you have anymore information you want to give us Steve? Koules: No, madam chairman - I think the presentation we made at the last meeting stands - the recommendations haven't changed. Burton: George suggested that we take this area by area. And I think that's a good suggestion. We'll do one area and make a recomriendation regarding that area - not a final recommendation but a tentative recommendation until our next meeting where we can work on that recommendation. If you're not pleased with it or whatever - so do you want to start with - - Ingrao: is this (inaudible) from the public hearing. Burton: I could if I wanted - - Ingrao: Probably should before we start - - LA�e" r- So my recommendation would be that you take your open communication at this time and once that period has expired and those who requested to speak has spoken, (inaudible) public hearing when you get to the items. Burton: O.k. Is there anyone else wishing to speak, o.k. Well let's start with proponents, Nancy Tadius - would you come forward and give us your name and address please. Good evening. My name is Nancy Titus and I live at 660 Pennsylvania, in Beaumont. And I represent a group for single family zoning in Beaumont here. And the reason why I don't like this R -3 because I moved from Los Angeles about 2 or 3 years ago, because I lived in a neighborhood where there was apartments, and my car has been stolen in that apartment area. There is lots of things that have happened to me and I know for a fact that living in a residential,area is so much better and I - it's so much better and I mean these high rise - these two story or high rise whatever, they just block your view - I won't be able to the beautiful San Gorgonio mountain any more from my kitchen window and congestion and that sort of thing and I'm strictly for 651. Thank you. Burton: Valerie Monroe. Iii, Valerie Monroe, 666 California and I'm definitely a proponent of the ownzoning or finance because - I'm going to try and put this - how can I say it with only 3 minutes o.k., I. don't know that their downzoning of the whole area is the answer, but I do know that its better than having two story buildings being put up next to houses. I don't live across, or next to a vacant lot, but - we were gonna buy a house next to a vacant lot over on )<enia and - we ask the Realtor what do you think about this lot next door, you know,, what do you think is going happen, who owns it, what are they going to do with it. Well it just so happened that that big apartment complex with up next to it and I'm glad we did not buy the place. I don't have to necessarily live next to an apartment or a complex or I don't necessarily have to live across from an empty lot to know that I don't like what I see. I take my dog for a walk, and I can see apartment complexes going up here there and everywhere and it looks like hell - I stated that last time at the Planning Commission, it does - it looks out of place, I'm sure those people that own their homes next door to that thing don't like it and I don't like looking at it. If you go to an area where it's all apartment complexes o.k., it's apartment complexes, it's not sitting next to a couple of houses or in a residential area - so I don't.think its good for the continuity of the City, I just don't like looking at it, I wouldn't want living next to it and I think the main reason we are having problems is because it's obviously money involved. People have a lot to Burton: We need you to come here and give us your name (inaudible) just tell us the areas because we need you on the mike - it won't pick up over there. I see, you want this all recorded o.k., you want me to identify myself - I'm Ron Hoff, I'm a resident of Beaumont - Burton: Could you give us your address? Yes, 798 Michigan Avenue and I'm in property management. I'm concerned apartment houses and their location and so on. I appreciate the gal just before me - the statement she made and I concur with her that apartments should be located in a proximity or contiguous to each other and as such because this is an apartment zone. Over here you have Subareas 5, 6 and 7. That originally was drawn out o.k., but I guess your director took the liberty of yellowing out a section where there is suppose to be a single family residence or subarea - - voules: ^7o, the recommendation and staff report, recommends the westerly portion of Subarea 5 to go to single family density and the easterly portion to remain high density. Floff: So really that is defeating what you're really attempting to do. You're trying to get this properly zoned, get your residential to stay in their place so you don't have encroachments. There you have an area that is primarily and practically all of it is high density or. apartment buildings. Now we're taking out a portion and making it single - you're going to reduce the value for future expansion of property - nobody probably wants to buv there as a single family residence with apartments all around you - and so as such, my suggestion is that that stay in the present zoning that you have already, it's high density zoning right no%.. - so why change, cause it's in the general area where you are trying to develop apartment houses (inaudible). Burton: Thank you. Bill Williams. I'm William L. Williams, 1235 Wellwood, I'm speaking for the Beaumont Chamber of Commerce. We are mainly concerned with that area on 6th - where we have Omni tool and dye - Summit Tool and Dye, these are very beautiful little machine shops. As I understand it, you're going to change that to commercial which would make these little employers a non - conforming use and we don't think we should do that. Because we have so few job opportunities in this City that I think we should keep it light industry - the way it is now as I understand it. There's Burton: That's zoned ML? Williams: What is that zone now? On the north side of 6th Street right east of HCI Furniture. Koules: The zoning is commercial general, the plan designation is light industrial. I'm talking about Subarea 12. Burton: It's the general plan that's - - (inaudible). Koules: Talking about from California to Edgar - Williams: Yes, between California and Edgar that's where Omni engineering is. Ingrao: That's where HCI is. Koules: O.k., the general plan designation is general commercial and the existing zoning is light commercial manufacturing, whichever way we go we want to match up the zoning plan. Burton: Thank you. Leo Gray. My name is Leo Gray, 290 W. 10th, I'm a homeowner - I talk from what i think and what I feel. I've heard people say about two stories and I can understand that in single or in one story areas - and I can go along with that. To make any of these areas which you can see is spotted well with units - to make any of them single family only, it outdates all those units. It puts a lot people in a bad position. So I would suggest and I feel that if you went to maybe lesser units than high density and keep it to single story, I don't think it will hurt the single housing any - and probably will help it because if you take an old house on the back of a lot and you build a couple of nice apartments in front of it - it upgrades the area. Thank you. Burton: Than], you. Mr. Parrot. My name is Frank Parrot, 655 Edgar - I'm a property owner there. My daughter as that old house - one of the oldest houses in Beaumont across the street on Edgar - that big three story house there at 666 and my son -in -law grandfather - great grand- father was the first Mayor of Beaumont - Mr. McCoy - I just wanted you to know - Burton: That you're a long time resident. Parrot: I've only been here two years. Burton: Oh, I see - well you're not a long time resident then. Parrot: No, I'm not a long time resident - my son -in -law has because here is the reason. You see Edgar Avenue there. It's right beyond 6th. On the one corner there is an apartment house there, there is an apartment house across the street from it and behind that house is a warehouse HCI - fix furniture and they have a warehouse right behind my property - then there's churches in the whole area, I understand it was an original town site there - in that area. I would like to see this higher density than an R -1. Burton: It is currently. Parrot: It is currently - it is a higher density - yes. May be later on I want to put some apartments in there myself, but I know I'd have to buy 2 or 3 lots, but that's the way I'd like to see it go. I worked on some of these planning maps and so forth years ago, but I think that would be a better way to do it. Parrot: Thank you. Sec: Excuse me Patti, if I have to type this verbatim, I need for them to speak directly into.the mike. Burton: O.k., did you hear our secretary - she has to type all of these comments, everything verbatim word for word so she needs everyone' to speak directly into the microphone if you would please. tiatalie %Ielnyk. I know I must have slaughtered that - Melnyk - Madam chairman, board members and fellow residents and property owners, my name is Natalie Melnyk, and I'm representing my parents who are property owners at 849 Orange Avenue between 8th and 9th. We have a vested interest in the community because the property that my parents purchased two years ago was planned to be their retirement property. They were going to move out here into Beaumont because it was a cui.et but slowly redeveloping community. I noticed that in Beaumont, there is this particular area, most of the homes were older homes and some had gone to disrepair. Since the lots are nice size and zoned for R -3 they seemed ideal for me to design (by profession I'm an architect), my parents would do the building and construction on the property for a nice little fourplex apartment unit that they could both retire, live in, manage and be a part of the Beaumont community. The place would bring a small income for them to just pay for it's self, but because of the social security and pension plans, we all know that it is rarely anybody can survive on those alone. In otherwords, we were prepared to invest in the future of Beaumont. With this re- zoning in some of the areas, I know it hasn't been totally stated as to which exact areas would be reverting back to R -1 or which would remain R -3. It seems that - I'm sure that there are concerns of the Planning Commission over population, the crowding, the various problems. As a slowly a single lot your units are limited as to size, plus an addition with setbacks and with the requirement that you cannot back up into a street, but have to pull a "Y" turn and enter the street frontwards. It seems like with all these controls on building requirements, it would be difficult to build very high density units - sure you could probably go very multi story but then that could be limited to one or two. I think with continuing some of the areas as R -3, it would really help the communities growth, the businesses & property values would continue growing and investors would come in and purchase older homes, reconstruct, refurbish whatever it may be and up grade the appearance of the community. Otherwise, to build a single family unit amongst apartment units, rarely do you get your full value back in resale. Especially, if other adjacent homes are in disrepair or in a deteriorating state. So with this in mind I hope that some of the areas especially between the parkway and Beaumont Avenue & some along the main streets could be continued to be R -3 and developed further - the other areas could then possibly stay R -1 or be reverted to R -1. Thank you. Burton: Thank you. Schuelke: (inaudible) ask a question. Burton: Yes, Ms. Melnyk. Schuelke: I would like to ask you a question. Your parents lot - was it 849 Orange? Melnyk: 849 Orange Avenue. Schuelke: Is the park right across the street? Melnyk: Yes it is. Schuelke: Did you calculate it with the most recent requirements from our zoning ordinance - as to how many units you would end up on that particular lot? Melnyk: I came up with 4 units - in fact I have a set of plans if you would like to see them. Schuelke: Is that with the most recent changes open space requirements and - Melnyk: The setbacks - it's 60 x 180 - Burton: We can't look at that - Schuelke: I don't want to look at it, I just wanted to know how many units you calculated on that lot using the most zone changes that were made with open space requirement plus the one's you mentioned - the setbacks and the turnaround out to the street. Melnyk: When was this change, because there - Ryskamp: It changed about June 87. Burton: July, something like that. Ryskamp: I think 6/87 is the revision date for the page. Melnyk: No, I did not receive those - I must have gotten them back in April. Ryskamp: June of 87 there was a change - the entire RHD and RMF zones were re- worked in terms of the - by the Planning commission and City Council. (inaudible) fact that I hadn't heard (inaudible) talked about here - so I think maybe that should be (inaudible). Koules: I don't believe that the proposed zoning would allow 3 units - we're talking about 16 dwelling units per acre. Burton: Well wait a minute - Schuelke: That isn't going to change that lot requirement. (inaudible) all speaking at once. Koules: It will because in the,zoning ordinance the residential medium family allows 60', but when you get to the residential high density that the 70 foot requirements are proposed. Schuelke: But in that particular area the recommendation for RMF. Koules: Yes. Schuelke: So under the RMF zoning they would be allowed a 60' lot in order to (inaudible). Koules: Yes - which is what they've got. Burton: Because the majority of the lots in this whole town is 60 feet. Koules: I know, I know I'm just referring to your ordinances. (TROUBLE WITH PA SYSTEM) Burton: I don't have them (inaudible) in otherwords, what you're saying to us now, is with the 70 feet requirement on all these lots - they can't build apartments on there anyway. Koules: That is correct. Burton: And I think that is why we did that. Koules: (inaudible) the two project that started this business that are in for a building permit - 60 foot lots - the Schiro lots are 60 foot - and should not have been accepted and processed because they are in violation of tna 7nnina ordinance, unless you apply and are granted Ryskamp: The Schiro property should not have been presented. Burton: It's on a 60' lot. But the RMF zoning would allow - Koules Yes. The requirement for lot size in the RMF zoning arc 60 feet width. Melnyk: (inaudible - speaking from audience). Melnvk: Does it have to have alley use and access? (inaudible). Burton: Rio, no, we don't require any - in fact I think we really prefer not to use the alley but many of them do. This particular property we are talking about right now - 849 Orange that Emeline was talking about - that is not in Subarea 8 is it? Schuelke: It's in Subarea 3. (inaudible). Koules: Subarea 8. Subarea 8 which would run from the east side of Magnolia Avenue to Pennsylvania Avenue from - adjacent to the commercial property fronting on the north side of 6th to a; -one lot depth dimension from the north side of 8th Street. Burton: So they would be in 3 - they're above it. Schuelke: I'm finding it in Subarea 3. Koules: They're above it - Burton: 849 would be above 8th. Koules: I'm sorry (inaudible). Burton: Betty Rouse. My name is Betty Rouse, and I live at 7004 Magnolia in Riverside and we had been coming to Beaumont and planning to move down here for the past three years - so we purchased property and in the last two two and half years we've remodeled and practically torned down three old houses that we bought and moved out maybe some of the worse drug problems that were in town and made them into three of the nicest houses on the streets and we're proud of them. We've put in very good renters, two families from out of the area and they're permanently going to living in Beaumont and we're going to be moving down here sometime this summer - and we have property we're going to build on - but we like Beaumont and have looked for an area like Beaumont for many years - and purchased that we have for the simple .reason we'd like to have put two small units or a duplex on the back of each of the areas because they are R -3 when we bought them for that purpose and then maybe take down the older houses that are in the front. .. . ___ _, _ -..,.a ,.., ham,,, rt renters that would enhance the would like to become part of what's going on - and we hate to see these changes going on because in one way it knocks us right out of what we had planned for our retirement and I think there a lot of areas in town where they have R -3 with the old houses on them and there isn't any way of changing that unless the houses are torn down and start all over again - but if you could put nice units and.if each of these cases were taken on a (inaudible) merit and what the people plan to build on them, the idea of the high density with the apartments and all the - actually what's happened in Banning could be kept under control. But to be able to build a nice a duplex on the back of your property and have nice renters is really in my mind, would keep the property very nice and enhance the area. Thank you very much. Koules: I'd like to ask where the property is. Remy: I'd like to ask a question. Burton: Mrs. Rouse, what property are you talking about? Rouse: (inaudible). Two on California, one on Wellwood. Koules: What block? Rouse: 915 and yes - 928 Wellwood and then were we're to build is at the end of Edgar. Burton: it's 915 California? Rouse: 915 California, 929 California and 928 Wellwood, they kinda back up to each other. Thank you. Burton: Mr. Kosner. I didn't see that you were with the Summit Tool and Dye (inaudible). My partner is also here, the other owner of Summit Tool and Dye. Burton: State your name and address. Kosner: Dan Kosner and the business is at 440 W. 6th Street - and I guess mainly I need to know some of the - according to the paper everything from 6th Street to 11th Street was going to be changed or down graded to - like an R -1 and I think by listening to some of the other speakers this isn't true. Burton: No. what basically the study is doing, is looking at the high density zoning within the area and changing that zoning - not necessarily to all R -1 to - whatever or maybe it won't even change you know. Kosner: Our main concern is what is going to- happen to 6th - north of 6th Street. We have been there for 10 years and we have been a conforming business and for you to change that to an R -1 or even C -1 a commercial (inaudible) would make us non - conforming and you can would match. Kosner: well - we sure would like to see you do that, because 10 years ago when we started our business there if you remember right, that end of town was nothing but vacant lots, weed patches and so on and we have put a lot of money in there and so have a lot of other people - and it's really I think become an attractive area for business - our type of business. Burton: Thank you. Kosner: Thank you. Burton: Mr. Zerr. My name is Rudolph Zerr _ and I live at 633 E. 13th Street in Beaumont anC I'm the other half of Summit Tool and Dye - my partner Dan Kosner was just up here. And the reason we're here because we are a little concerned of what's going. Like Dan said, we started down there 10 years ago and cleaned up nothing but weed patches and old buildings and we added to it and in my opinion zoning this for commercial wouldn't be a good idea because the type of buildings that are there are more are more useful for storage or warehousing or what we put in so far - !that's our concern - that's why we're here tonight so that we're not being put out of business or being not conforming with the City code. Burton: Thank you Mr. Zerr. O.k., is.there anyone else wishing to speak that hasn't spoke? Ingrao: Mike is not on. Burton: The mike is not working Cherry. Sec: Yes they are - they better be. Burton: Now they are. They're working now but they weren't Koules: Madam chairman, I want to bring up a point. There is a reference made to the old R -3 zoning and that would imply a high density residential type. Now of course, I'm new to the community so I could stand corrected on some of this - but in researching the files, I see that going back to September 84 - yes - September 84, that all the properties within the City of Beaumont that were zoned R -3 and was shown as a high density residential which at that time meant 1 to 16 units to the acre, that that designation was changed to the present high density residential 32. So I think there should be some clarification of that point because to a listener you say well this is zoned R -3 and it was always 32 du to the acre, well apparently it was not. Burton: Right - I agree with you, that is a very important point - that many of the property owners don't realize that up to (when did we change that to 32) - Burton: To conform to the zoning and the general plan has to conform by State law and one was already made that when the general plan was adopted in 1982? Koules: I believe that was the adoption date of the general plan - yes. Burton: Yeah, so we made the zoning ordinance conform to the general plan map. Does that answer your question as to why it was changed. It really was - it really was one was one still saying 16 and one was saying 32 - so we had to change one and we conformed it to the 32 units per acre. But the general - the layout of where the high density was going - that cost us $60,000. for that layout for the whole City of the general plan - right? Ryskamp: Yeah, as I recall I thought it was $30,000 but I was not here at the time it was paid - I only was involved in (inaudible). Burton: I believe it was $60,000. to give us this and that's - it was in 1982 that this was laid out and the zoning was put on it - and I was not here on this commission at that time. I think Mrs. Schuelke was weren't you? Schuelke: Not when the general plan was adopted. But at the time they needed to have'this zoning ordinance conform to the general plan, that's about the time that I came in. I was green then, I didn't really know why,' but other than you know the general plan is a long range plan for how you want your City to be and then your zoning is suppose to conform to that plan because if you sit down and you make a plan on how you want to draw your home and then you don't use that plan in order - you know - to build it - probably the architect here will tell you, so the general plan is a.long range goal and plan of the City and then your zoning needs to conform to that. It takes precedence over your zoning - is that right Mr. Ryskamp? Ryskamp: Yes. Schuelke: And so when I came on the commission, the zoning ordinances none of them conformed to the general plan cause they had not yet been written. Therefore, in order to be within the State law we conformed the zoning to the general plan thinking we would get to the zoning later and straighten it out - well it's been tough to do that. Burton: O.k. having no one else wishing to speak, we will move on to our agenda Item No. 1, which is the special study area - the Urgency Interim ordinance. Emeline wasn't here when I suggested - George suggested that we take each subarea and give a tentative recommendation tonight so it could be put down on paper that we could look at next meeting - wouldn't be final, but we would go through it and say "well let's do this with this area and Cherry would tvne on Subarea 1, we want to do Burton: Well, I don't think we'll adopt anything tonight. Ryskamp: My main concern is I think rather than talking about Subarea 1 and then going on talking about '10 and then 12 and working your way through and then trying to come back and do a total motion with a single recommendation, I just don't see it working practically. So I think the better way would be to take each subarea, make a motion for a tentative recommendation and that way you can assemble those and with a single motion - Burton: That's what I said. Ryskamp: Adopt all of them. The only thing I was suggesting was that hope springs eternal Burton: Not in Beaumont. Ryskamp: You might move a little faster than you were suggesting - that was all - Burton: You can have this - well where do you want to start. Let's go to Subarea 1. Now everybody knows what it is zoned as right now. i' Schuelke: Are we allowed to then take Subarea 1 since it is one of the bigger ones and maybe break it down into smaller areas to be able to discuss it a little easier? Burton: Yeah, because - Burton: And then one block to.the next are just totally different environment. Remy: I could almost make a motion tonight on the whole thing. Burton: Oh you could! You can make your motion if you would like. Remy: O.k. I studied the (inaudible) vacant lot and found that most of them in the high density zoning were 60 feet or less anyway - there is only one or two that are more than 60 feet. So in that case anyone with 60 foot lots in the high density zone (inaudible) high density now would not be able,to build apartments on it anyway. So I went through Steve's proposal and I liked it all except for one part and that's the machine - where the machine shops are at the bottom - (pointing) that is right there. I would recommend keeping those and following the suggestions in the rest of it. Burton: Is that your motion? Remy: Yes - I will make that a motion. You want me to detail it.? Burton: Yes, please. designation from general commercial to low density residential and change the existing zoning from residential high density to residential single family. Burton: is that all of his recommendations - right? Remy: Yes. Burton: I don't think you have to read that - if you just tell us the areas that you want to follow his recommendations. Remy: Yeah, that's Area 1 o.k. Burton: All but 11 and 12 right? Remy: Yes all but 11 and 12. Koules: May I clarify (inaudible). It would be agreeable on Subarea 11 to change the department's recommendation and would leave instead of the original recommendation it would retain the existing general plan designation general commercial, it would read change the existing general plan designation of general commercial to light industry and retain - Burton: Excuse me, are you talking about ML - we don't have a light industrial zoning - Koules: No - the general plan - Burton: Calls for light industrial? Koules: The general plan calls for general commercial but the zoning is light industry. Burton: Right. Koules: So what I'm trying to do is - Ryskamp: Commerical manufacturing. Koules: Right, o.k. what I'm trying to do is bring the two succinct. whereas before staff was recommending to keep the general plan designation general commercial and change the zone to match, now we'll change our department's recommendation to change the general plan to light industry and leave the zoning light commercial manufacturing - so that they match. Burton: Light commercial manufacturing. Koules: Yes. So Subarea 11 matches and then similarly but in way (inaudible) different, on Subarea 12 we change our recommendation to say retain the existing general plan designation of light industry and change the existing zoning of commercial general to light commercial manufacturing - I believe that is what Mrs. Remy wants - and the gentleman spoke of. I believe that would address Mrs. Remy's (inaudible). 4 Koules: Light Commercial Manufacturing. Burton: Light Commercial Manufacturing. Koules: That's correct. Staff would concur - staff concurs with that - we would change our recommendation. Burton: Do we have a second? Remy: Oh, I forgot one thing - I'm sorry, also to approve Negative Declaration 88 -ND -1. Burton: And to approve Negative Dec. 88 -ND -1, do we have a second? Ingrao: I'll second it. Burton: We have a second. Now then Ethel, I have requested to ask you and your second, could we pull 11 and 12 and vote on them separately? Remy: If you wish. Ingrao: Why. Burton: We had a commissioner.request that. Ryskamp: I would suggest that/you deal with the motion as made and then depending on the outcome, make a new motion relative to 11 and 12 if that is necessary. Burton: Alright. Do we have any discussion on this motion for re -vote? If not, we'll call for your question. AYES: Commissioners Ingrao and Remy. NOES: Commissioners Bruner, Schuelke and Chairperson Burton. ABSTAIN: None. ABSENT: None. Burton: would you like to make a motion on Subareas 11 and 12.? Schuelke: If Ethel doesn't want to. Burton: Do you want to make it on 11 and 12? Ingrao: 1 through 10 or 11 and 12? Burton: Emeline asked that 11 and 12 be voted on separately. Remy: O.k. however it was - 11 and 12 can be voted on separately, how about the rest of it? Burton: I don't know about that, but she feels that - Schuelke: I'll make a motion if she won't. ' Sec: Excuse me Patti,, this motion that was just made was not made for all of the 12 - it was just made for the 10. Schuelke: I'd like to make motion that we approve staff recommendation as amended this evening; that Subarea 11, the general plan designation be changed to light commercial manufacturing and the zone remain light commerical manufacturing. Ryskamp: The general plan designation is light industry. Schuelke: well - designation here - the original staff recommendation says to retain the existing general plan designation of general commercial. Koules: We amended that to change - Ryskamp: The general plan is light industry in the zoning ordinance it is commercial manufacturing. The names are not the same - they mean the same concept. Schuelke: But we're changing the general, plan - I wrote it as he said it up there. Burton: Change the existing general plan designation to light industry. (COMMISSIONERS TALKING :''ONCE) Ryskamp: I thought you had said to commercial manufacturing - maybe I heard wrong. Schuelke: And that's for Subarea 11 and for Subarea 12 - Remy: You were changing - what are you changing the zoning from then? Burton: The zoning stays the same. Schuelke: The zoning stays the same, we're just having it conform to the general plan by changing the general plan to light industry. Ingrao: And retain the existing zoning - change the general plan. Remy: Well isn't that what I just did? Koules: Yes. Remy: o. k. Ingrao: She is just making a motion on the two alone. Remy: Yeah - alright. Schuelke: And Subarea 12 that we approve Subarea 12 as recommended by our staff with the change made this evening, that the existing general plan designation be retained as light industry and that the zoning be changed to light commercial. Koules: Manufacturing. We have a motion on the floor to approve - does that include the negative declaration - Schuelke: Yes, I'm sorry. To include the approval of the negative declaration. Burton: To approve Subarea 11, changing the existing general plan designation to light industry, retain the zoning from light commercial manufacturing and Subarea 12, retain the existing general plan designation of light industry and change the existing zoning to light commercial manufacturing. Schuelke: May I ask a question - Burton: wait a minute - and approval of 88 -ND -1. Schuelke: That's my question - if that negative declaration is for the whole area. Ryskamp: My recommendation once again would be that each of these be a tentative recommendation, that we then come back and vote on a total recommendation and adopt a negative declaration at that time. Burton: O.k. i Ryskamp: So that there will be ;a second vote (inaudible). Burton: So we will strike the 88 -ND -1. O.k. Can we have roll call please. AYES: Commissioners Bruner, Schuelke, Ingrao, Remy and Chairperson Burton. NOES: None. ABSTAIN: None. ABSENT: None. Burton: O.k. our City Attorney has suggested that we go to Subarea 5, 6 and 7. Remy: Why don't we start at 1 - if we going to vote on each area separately? Ryskamp: I frankly was suggesting you take care of some of the peripheral areas that I think will be resolved so that if there are those who are sitting in the audience waiting for some of those areas to be taken care of they can then depart. It's just a call, but I suspect 5, 6 and 7 are more likely be approved. That was a suggestion. (inaudible). Remy: I make a motion that we approve - Burton: Wait a minute Ethel before you start that, may I ask - 5 is up there and you're recommending the front half of that RSF? Koules: The westerly half because of the vacant lots and the single familv is on there and because it faces single Burton: I don't like making half Remy: Well they're different streets - there is Pennsylvania and then there is Cherry so they are totally different streets. Ingrao: Plus I think you are projecting - Remy: And the entrances from Cherry on - you know. Ingrao: Plus I think you have to protect Remy: You've got to protect Pennsylvania side. Schuelke: I'm sorry - I'm out of order. Burton: Say what you wanted to say. You wanted to say something to me. She was berating me - now she won't berate me. O.k. You wanted to make a motion Ethel? Remy: Yes, 5, 6, and 7 I would like to move that in Subarea 5, we approve the Community Director's recommendation - to the easterly half of Subarea 5 parcels 008 and 009 retain the existing general plan designation of - oh wait - that isn't right - I've got on the wrong thing here - just a minute. The westerly half of Subarea 5 parcels 001 through 006 change the existing general plan designation of high density residential to low density residential 5 du /ac. and change the existing zoning from residential high density 32 du /ac. to single family residential and then the easterly half of Subarea 5 parcels 008 and 009 retain the existing general plan designation of high density residential and retain the existing residential high density zoning. That - for Subarea 5, and then Subarea 6, change the existing general plan designation from medium density residential to high density residential and change existing zoning from residential single family to residential high density and Subarea 7, retain the existing general plan designation of high density residential and retain the existing zoning of residential high density. (inaudible). Burton: And we have a second. I'm not going to re -read all of that. Everybody heard the motion and the second. Can we have roll call please? Wait a minute. Mrs. Schuelke is reading. Schuelke: Thank you. Burton: Roll call please. Sec: AYES: Commissioners Bruner, Schuel-ke, Ingrao, Remy and Chairperson Burton. NOES: None. ABSTAIN: None. ABSENT: None. has it been studied as to whether that would affect amendment to the housing element or the general - Ryskamp: we've reviewed those facts. at length and it is significant for example the area right now that you've just designated as residential high density once again does not reduce the residential high density in terms of the low and moderate income housing which was the issue in the housing element as it stands right now. And also, it actually increases part of it. And also, with the area that is designated as RMF that area would also qualify - and when we reach that small of an area that would actually be re- designated, it is relatively minor. In my opinion depending on how you look at 'it, and I think we talked one night about the Supreme. Coal case where it happened to be 50% of that individual's coal but it was only 28 of the total and they sold them on the idea it was 28 of the total and the court said then that's not a problem, it's not a taking, there is no other issues or problem. You look at the statistics - but when we look at the total residential high density available in the City, I think we've - Koules: 324 acres. Ryskamp: 324 acres Koules: In addition to this. ' Ryskamp: In addition to the study area, Steve pointed out that if that were fully developed as RHD which is permissible and possible there would be 11,000 new dwelling units expected because of the apartment nature and the high density nature to be all low, moderate income houses. So realistically, we have areas already designated, not to mention the fact that Beaumont even when the general plan was adopted did have it's recognized share of the regional low and moderate income housing and there has been since the adoption of the general plan a number of residential high density development in the City that have provided additional housing. In fact, I think that those of you who have been here think about how many units have gone up since 82 that's been apartment houses. I think we have pretty well dealt with that issue in the fact that we do have available to us enough of that housing to qualify under the housing element. And the other elements of the general plan we're changing as we go. Koules: In addition, we have the residential overlay bonus category in the zoning ordinance so we can even add - you know density bonuses when needed, so I think the tools are there and I'm not concerned that this would have any conflict with the housing element. Burton: o.k. I would recommend that you turn the mikes back on first. But I recommend we hold No. l last - but people are waiting here so let's get to it. Subarea 1. Subarea 1 is not the entire - that easterly section over Koules: Right up to Elm O.k- Burton: O.k. that little chunk of land that is - Koules: This chunk here. Burton: That is - no, - Koules: Here's 10th and here's Elm. Burton: Let me come down there. Koules: 0.k. Burton: But I want to make sure that we don't have any of these split lots. Koules: Well if the recommendation was takened, then it would not split. Burton: I agree - right, but there's other lot splits right now down here - Koules: You see this little chunk of land right here. Koules: That's this chunk here. the Burton: No, that is this chunk right here and it splits this Burton: lot. Koules: Well this is 10th - see this is 10th Place here. Burton: Right. Koules: So this sliver, this sliver - - he says more or less. Burton: Is part of this - But Koules: And something else you're saying - Burton: No, what I'm saying is, this is RSF right now and this down here is high density. Koules: Yes, but it's (inaudible) Burton: This is my concern right here - this chunk of land. I to don't want to see a lot split. I know you're saying change all this to RSF. Koules: 0.k. Burton: But I want to make sure that we don't have any of these split lots. Koules: Well if the recommendation was takened, then it would not split. Burton: I agree - right, but there's other lot splits right now down here - Koules: Well we tried to delineate the separation (inaudible) the best we can by following - - (inaudible). Burton: O.k. Koules: That is why you have this jagged line - Remy: And he says more or less. Burton: But it makes it difficult when they go to develop a piece of property if half of it is RSF and the other know - that's my suggestion if everyone is agreeable with me, but we could take Subarea 1 by each of those 5 pages of the assessors's maps because you see some of subarea 5 is already zoned RSF so we don't even need to look at that page, but the 1st page of the assessor's map that I came across as being in Subarea 1 is book 414 page 19 if everyone has the assessor's map. Up on the upper left hand corner of that page is the book number, and the page number - 414 -19. Burton: But they are not all in order - if you got them the way they were given to you. Schuelke: I'm sorry, I put mine in order by the book and page number. Burton: I did to. Schuelke: Did. you. Burton: Yeah, then I glued them together. Remy: Steve had some things that were all glued together. Are we going to get one of those? Koules: Yes, I can give you one: Remy: It would be easier than (inaudible) back and forth on this. Koules: If I may I can distribute to the commission some blank maps and - Burton: O.k. that.would be good. Remy: Fine, because these other things are blank any how. (INAUDIBLE — MAPS BEING UNFOLDED). Remy: You want me to pass this down - go ahead pass it down to the end there. (INAUDIBLE) Schuelke: So going all the way - Koules: We don't have enough pens to go around - (inaudible). Remy: Anybody want some crayons? Burton: Put them down here and I'll hold them and if anybody wants them they can scribble with them - I suppose. O.k. Schuelke: Going all the west to Elm Avenue in Subarea 1 - Burton: All the way around to Elm. Schuelke: Yeah, the 1st assessor's map is page 19 and it's from 8th Street to the northerly - Koules: North side of 10th Place - Schuelke: Here's 10th Place, this is. 191 here - right here. Burton: Oh yeah - (inaudible). Schuelke: 192 and then 193. Burton: So it's this part, this part and this part. O.k. Schuelke: Now these maps show where Valerie first - yes, where she showed that o.k. Burton: This is apartments. Schuelke: Right, and this is that new subdivision. Burton: This is the new subdivision. O.k., now what is your ideas. This is all currently zoned RHD. Schuelke: Right, for that partic, recommendation would be the assurance again from they will write into our legal non - conforming, conforming as far as - 31ar page it seems that staff's the most appropriate. Having our attorney and our staff that zoning ordinance the fact these will not remain legal non- Ryskamp: You mean will remain - Schuelke: They will remain except that there will be provisions for them in a case of catastrophic - they can build and that sort of thing. Ryskamp: That ordinance has been prepared and will be presented to you at the next meeting in the form of a report. We don't have time to get it on the agenda as an ordinance because there isn't time to (inaudible) the public hearing. But it will come to you in the form of an report so you have it before you make a decision. Schuelke: So, I don't know if we can separate motions within each page, if I'm permitted to i would like to make a motion regarding that one page. Otherwise, we can make up - we can discuss - Burton: She is breaking down the Subarea 1. Schuelke: By assessor's parcel map pages. Koules: Can we call that Subarea 1 small "a" and then go to - "b" - Burton: "a" o.k. That would take it down to 8th, right and part of that though goes into Subarea 10. Schuelke: No, not on that page at all. Burton: Yes it does. and what was the recommendation - Remy: well is there any reason we can't go on with the other parts of this particular - Schuelke: If you wish we can discuss all of Subarea A and then if we want to break it down - Burton: I don't see anything changing — (inaudible) Schuelke: It is within the Subarea 1. Ingrao: why don't we discuss what we have the problems with - rather than what we don't have problems with. Remy: Yeah. Schuelke: If we get rid of the ones we don't have a problem with we have more time to use our discussion on the ones we do have problems on. But, you know whatever the commission wants - if we - Remy: It's time consuming finding all these pieces here and giving them numbers - why don't we Schuelke: There is only five pieces. It's just a lot easier - what I'm trying to point out is that the environment changes drastically from - even from this block here to the next page on the assessor's - Burton: She's right. Schuelke: It's just a total environment - Remy: well let's hear what the differences are instead of - Schuelke: Then let's go to page 414 -20 - Burton: Give us the block numbers? Ryskamp: That is between 10th and - Schuelke: Between 9th and 10th and between Elm and California. Burton: Is that 201 and 202? Schuelke: Yes, block 201 and 202. Burton: You see those blocks? Remy: There is four here. Ingrao: No, these two. Burton: Those two. Because the top part - Remy: (inaudible). Burton: See these - these are the number sheets. Schuelke: Because there are 1, 2, 3, 4 apartment complexes within that area - they each have 2 units on them. Burton: Fine. Schuelke: So that is real compatible to single family in my opinion. Remy: And the unit - vacant land - they are 60 feet or less anyway. So they couldn't build apartments on them. Schuelke: Unless they were RMF. Ryskamp: or unless they buy 2 lots and merge them. Remy: There aren't 2 lots there. (inaudible). Schuelke: The one that I have the most problem with and the one that I realize after I had the most problem with it, so I don't know whether I can speak to it or not, is book 415, page 25 and it would be block 251, 252 and a portion - the westerly portion of block 253. Burton: (inaudible). Remy: well that's not in the;area is it? Ingrao: That's these 3 up here. Schuelke: Subarea 1. Remy: Yeah. Koules: I lost the (inaudible) when we patched the plan together, I lost the book and page number (inaudible). Schuelke: So, if you go by the blocks - Burton: It's the chunk that is just above 10th. Right through there. Schuelke: Between - the streets - Remy: It would help if you just gave us the street name. Schuelke: The streets - Burton: Not me. Schuelke: I'm sorry - between 10th and 11th from California the easterly side of California to the easterly side of Euclid Avenue. Koules: May I suggest that the easterly side of California, unless I'm mistaken is left out - Schuelke: You're right - you're right. It would be - Koules: It would be from the alley behind California. attention to anything north of that subarea until all of a sudden it dawned on me and this is why I say I don't whether I discuss this or not. I own the property at 1050, 1052 and 1054 Edgar Avenue - which is just north of the subarea being considered. Rvskamp: North. It's the RSF area that is not be considered. Schuelke: Right. Burton: Well it is within the study area, but it is not in the subarea. Y.oules: That's correct. Ryskamp: Obviously the question that is running through my mind is would there be any real impact depending on the designation there on the value of your property and I think the answer is really no - if you are outside of the subarea you're talking about. If you owned a piece of property any of you - own other property within any of the subareas we're talking about - if you do when we come to that subarea you should declare that fact and pull yourself out. I don't see that that would have any great impact other than.the general impact that's going to happen with rezoning the area. Remy: O.k., well did you have a problem there Emeline? Schuelke: On that one, my suggestion and I hope that you believe me, that I really was paying attention to addresses, as I looked at it off of the map that Valerie did, I just kinda counted the units. On the easterly side of Edgar Avenue, just above 10th Street we have a fairly new complex - there is 7 units and then there is a 6 unit and then on the very corner on the northwest corner of 10th and Edgar there is a duplex. Remv_: You mean the apartments that were in question sometime ago when they built them? What about them? Schuelke: So, my suggestion on that even though Subarea 1 calls for downzoning down to RSF, is a recommendation for just that one block and I would have to look because as you go below 10th Street into the 900 block you have almost the 'same situation with a lot of units along Edgar Avenue and none along Euclid except maybe one or two. So my recommendation in my opinion is that you take Edgar Avenue and you zone it to RMF. Remy: Well that would be spot zoning if we just have to take out strips here and there. Schuelke: I don't think it is spot zoning - I disagree with you. Would that be spot zoning? If you take three blocks - well maybe even 10 blocks down - that whole section to RMF. I don't - Ryskamp: You're talking about entire strip - for example - - Ingrao: It is a mess. Schuelke: That is the reason that RHD is not good for it, but RMF again only allow the 3 or 4 units rather than the 7 that you've seen there or the 6 that has been there for 10 years. Ingrao: But if we go to RMF we are still increasing off of RSF. Just traffic potential in that area - there is a day care nursery type school right there - Schuelke: And they sold off their lot right next door as a high density - we had a proposal here for an apartment complex of 5 units that was rejected about 8 months ago. Remy: That wasn't theirs (inaudible) they were selling it for a relative that died. Schuelke: What's that? Remy: That wasn't theirs, they were selling that for that relative that died - or the friend that died. Ingrao: That particular individual has come to me personally after - the Fago apartments right next to her? Is that what it is? Just north of the - Remy: North of the nursery. Ingrao: Yeah, and I can't say total shock, but I was in shock as that structure began to take shape - my kids go there. So I see the alley - the alley is inpassable. If emergency vehicles had to go down that alley, there is no way - there is no way they could get through that section. Burton: Now wait a minute - now wait a minute. Ingrao: I know that is an enforcement problem. Burton: That's enforcement - but we put the conditions - no Dennis, we put the conditions on them that they had to do this, this and this - Ingrao: Patti - Burton: And if they didn't go - Ingrao: Can I finish? Burton: Certainly - Ingrao: What I'm to point out but it is what's'affe oroblems like this number of people in an area, maxing out a lot it that you can, when - it is an sting the s traffic area, that you know enforcement problem, Lngle family areas is - parking, increased can't accommodate the get the most out of Schuelke: horribly increased because of the 7 units, yet those same people with the nursery school were here endorsing the 5 unit complex right next door - Remy: No they weren't. No they weren't. Those people are personal friends of mine they - Ingrao: Yeah, I don't think - I don't think Schuelke: They have no objection - if you will go to our minutes, I pulled the minutes on that project - that was for a Mr. Lamberson and Glen Stall and the minutes state that these people were not concerned - they came here to - because they were having such a time getting those units through and they brought people to speak for them. Remy: Not the same - you not talking about (inaudible). Ingrao: You're talking about (inaudible). You're talking about Potts, Schuelke: Yeah, that's what I'm talking. Remy: No - they weren't. They.-.- Schuelke: Well you pull the minutes and you'll see where they endorsed that project for the five units because that property use to belong to them or a relative of theirs. Remy: It was a friend of theirs. Schuelke: And the only concern that they had was something to do with the - Burton: water line. Schuelke: The way the water line or the sewer was going from the alley across that lot onto theirs. That was the only real concern. Remy: Well they had other reservations. Schuelke: But yes (COMMISSIONERS TALKING AT THE SAME TIME) . Remy: But we're not discussing that though. Schuelke: But yes, they were very opposed to the 7 unit as everyone in town was. And that 7 unit was recommended that that alley be paved and for some reason it has not been paved yet it is occupied. And they are using that alley as an entrance into their carports. Ingrao: And they are parking in the alley. Schuelke: And they are parking in the alley - causing people not to be able to get in and out - Ryskamp: Isn't that the (inaudible) tandem parking? M schuelke: Those units there that exist there, would not allow the best use of the other lots as single family. They would not allow it. Just for what is there now, the percentage of the units - there is more units in percentage to the number of lots that have single family houses on them - and if - and I'm just saying that you are not allowing what is left there that is not apartment units - you are not allowing that for its best use changing it to RSF. Remy: How many vacant lots are there Emeline? Schuelke: O.k., there are 1, 2, 31 4, 5,. 6 and then you've got 2 small ones that face 11th Street. Rsykamp: vacant lots in that little area? Koules: What they show _ Schuelke: Oh, and I'm sorry the one - Koules: here is one vacant lot in the alley (inaudible) Euclid northwest corner of the alley between Edgar, Euclid and north of 10th. Schuelke: I was merely speaking, "of Edgar Avenue between 10th and 11th, I'm sorry I didn't make that clear - Koules: (inaudible). (COMMISSIONERS TALKING WITH EACH OTHER). Bruner: Those are already single family. Schuelke: That's what I'm saying - that you count the number of units that exist in just that one little block and there is a higher percentage of how many units - so my estimation is that you zone the other lots to RSF, then you are creating a value a lesser value for the property and a very tough means of selling those as single family residential because of the number of units that are there. Bruner: You are not even considering these though. Schuelke: Yes - you're considering these to going - Bruner: No - (inaudible)... Schuelke: O.k., I'm sorry not these, the ones south of there. Burton: Bruner: (COMMISSIONERS ALL SPEAKING AT ONCE). But they're within the study area. ( Inaubible) She was looking at these - these aren't in the study area. Schuelke: What do you mean? Ingrao: Neighborhoods in general - areas - neighborhoods. Schuelke: Well of course we're talking about - Ingrao: Not just a street here and - Remy: No we're not - we got into streets. Ryskamp: Streets tend to form neighborhoods too - but I think what you are trying to express Dennis is that we need to recognize that in planning we want to try to deal with more than a single block or two, in otherwords we would not want one or two blocks of RMF flowing up in an RSF zone because (inaudible). Remy: You can't do it that way. Ryskamp: Because there happens to be a number of units already existing - if there is a whole strip, for example well there or if you are looking at - like this RMF zone here, or for that matter if you are looking at the running a line up and down the - what street is that - Edgar Avenue and having,RMF for a whole section here. I'm not proposing that /but I'm saying if - - Burton: That's what it should /be. Schuelke: Well I'm sorta proposing that along Edgar because although we are studing only Subarea 1 when you get into the other subareas that take in the rest of Edgar Avenue down, you're gonna find that its got that same environment all the way - just about all the way down. Remy: Yeah, but you look at it - you drive down those streets and they look like single family streets. They don't - Schuelke: Most of them do Ethel. I agree. Remy: They do - that's what they look like, but you start (inaudible) a multi family and you're going to have two story buildings like the people are complaining about right next to the single family homes. Schuelke: Unless you disallow two story on an RMF. Remy: Someone said we couldn't do that (inaudible). Ryskamp: Well not in certain areas, you have to do it for all RMF. It is like you put the 70 foot lot (inaudible). Schuelke: But the point I'm trying to make is that I think it would be you know bad planning economically and otherwise to have those lots although they have a single family residence on them now, within blocks where they already a high density units built around them, that you are going to find it very difficult to use them for their best use as single family. Remy: Let's take;Subarea 1 - the whole entire Subarea 1 for «_ -. 1-. - 4 .. 1 R1 mn11 -i Ryskamp: There is very little in the block from 7th to 8th - there is only one apartment in that whole block - Schuelke: O.k. Remy: There can't be that many because there is only 25 in the whole thing. The whole area. Schuelke: And most of them are on that street. Aren't they Mr. Koules? Koules: Well (inaudible) to subareas, this is Subarea 1 from the north side of 8th and this is (inaudible) - Remy: I'm talking about your whole Subarea 1. Koules: 1 and 10 or - Remy: No - your whole Subarea 1 - right. Koules: So we're talking about Edgar Avenue from less say roughly 8th up to pass 10th and there (inaudible) there are some multi residential, ,I think - (inaudible) apartments here and a mobilehome over here. (inaudible) between 9th,and 10th. Between 8th and 9th, we show 1 vacant lot /and l.two, unit multi residential duplex. Schuelke: On the corner - is it 8th, 7th or Koules: No - I'm not far down 7th now, because Subarea 1 goes from one lot deep on 8th o.k.,.so I'm talking about 3rd lot on the west side of Edgar north of 8th. That looks like a two unit building. So between 8th and 9th it is predominately single family, between 7th and 8th it is equally single family (inaudible). But then your concerns may be between 9th and 10th, they do have more multi residential. Burton: Even clear over on to Schuelke: Over to Elm Avenue. Burton: That whole chunk up there could be RMF. There is a lot of units up there. Schuelke: And the only other suggestion that I had was the easterly side of Euclid backing up to the commerical area there, because that is very commercial - existing in commercial use now between 10th and 11th - isn't it? That rather than having that single family can we consider - naturally with everybody's approval, that instead we take Beaumont.Avenue commercial and back it up in case of future development we can push our commercial back where there is more room and they are not building the commercial buildings right.up in front of the street. Koules: Do I understand you to say that you want to extend the Schuelke: But when you revitalize - you have access to deeper portions - are you not able to - Koules: I don't know if there is a market for - are you saying that lots are 140 - 150 feet deep are not enough for commercial development? Schuelke: Not for parking and all. Koules: (inaudible). Schuelke: Since we took away the parking - we took away the parking zone didn't we? We don't have a parking zone behind our commercial like we use to. Koules: We can do that, we can put the parking zone - but the parking - the revised parking proposal actually decreases the number of parking spaces, as the zoning ordinance now reads it is a building of 2000 sq. ft. and greater it is one space per 150 sq. ft. (inaudible). A proposed amendment would make that 250 - one parking space for 250 sq. ft. of gross area. I. would really discourage expanding any of the commercial zoning. I think - you might want to look at that at some point in time later when you do an indepth study of the existing land dse in the commercial zone - and that points to expanded use then do it at that time. Remy: We had it that way once and we got rid of it. Schuelke: And where we have it zoned commercial on the Magnolia side which is another subarea, he is recommending going single family., Koules: Single family for that portion north of 8th and multi residential for that portion south of 8th. (inaudible) point where the plan is general commercial, no one has come in to change the zone which would develop (inaudible). What I'm trying to say is I don't think there is a demand.- there is a market demand, from what I see anyway to build back - Schuelke: But that red line area that is all commercial all the way - up and down Beaumont Avenue and across 6th Street, would be nicer being widen so that you have more room for commercial. Koules: Well again (inaudible). Schuelke: That was my only problem with that northerly portion of Subarea 1 being downzoned to the RSF. Ingrao: So what you're saying is have that little strip of 4 RMr? Burton: You see all that up there though - here it is (inaudible) Ingrao: I see it. Remy: And then there is 9 vacant lots still. Ingrao: ere is a lot of blue but there is a lot more yellow. if we allow these people to maintain the value oetheir property - Remy: And spot zoning. Burton: That wouldn't be spot zoning. Remy: Sdr_11 it would be if you keep taking strips out. Burton: I didn't take a strip out - I took a whole chunk. Ingrao: But I think there is more - you're pointing out how much is multi - family but look at how much is single family. You know 13% of that area is multi - family. If we can with their upcoming proposal to allow these people to have that in conformance and to rebuild if it is destroyed, they aren't losing anything they've got now - those units are there and they can be there from now until ever. Remy: There are only 9 lots in the whole blooming thing_ They don't have much -% hat good is it gonna do have rezoned it. Burton: well it is more than 9 lots. Remy: It isn't according to Steve's chart here. (INAUDIBLE - ALL SPEAKING AT ONCE). Go to all this trouble for just 9 vacant lots. Ingrao: There is 25 developed lots - Remy: 9 vacant in the whole Subarea 1. Ingrao: 65 dwelling units out of that - (inaudible). Ryskamp: (inaudible) talking about that recognize that you don't have to have a vacant lot - (inaudible) - Burton: Right - you can.tear a house down - Ryskamp: You can tear a house down, you can merge two lots and tear two houses down, you can merge two lots and tear two houses down, you can merge two lots and build apartments on - well on one single lot, on the front those and just turn the houses into part of the complex. Burton: And we have schools in that area don't we? (inaudible) ' Ingrao: No - Subarea 1. There is no school. Wellwood is down in the other one. them and they are not all crambed up like a bunch of barns. Ingrao: What we're trying to do is develop a character for an area - is that what we're doing basically. Schuelke: What type of a home do you envision for single family in those areas where you've got that high density - you know apartments. What kind of a single family home an economically sensible person build next to where they have already got high density apartment units. Remy: I think the high density apartments are in between already existing, single family homes. I haven't seen that many apartments built period all by themselves this has been the complaint, they have been bringing the apartments - sticking them in vacant lots between single family homes - this has been the complaint. Ingrao: Kinda like houses being built - Remy: Yeah. Schuelke: I realize that has been the complaint - Remy: Yeah - apartments beirkq'built in the houses - instead of houses being built by!the apartments. Schuelke: We have that situation existing now - where we've got apartment building stuck in the middle of blocks in between single family - so now. Remy: Yeah - (inaudible). Schuelke: Now by taking the rest of the single family - just in that one little area up there - I'm talking about, what kind of a home, single family do you envision would want to go right there where those apartment units - let's just say between 10th and 11th on Edgar. Ingrao: Somebody that can afford - that's all they can afford is a lot that size and they put a nice house on it. Wouldn't that look odd to look at - if this was all rezoned and then we had that one little strip up there. Schuelke: Or a bigger strip of it - where most of the units are. either from Edgar to the easterly side of - Remy: Well what are you wanting to put on yours Emeline - you wanting to put houses or apartments? Schuelke: What I've got is already there and it is not even within the subarea. Remy: Oh, o.k., I thought Ingrao: It is like people that has been building houses - Schuelke: I wouldn't want to put anymore than is there. I feel rh.or what is 'there is sufficient - the three units is Remy: That was a different deal - we turned it down - other got a lot of units built people approved that so - Roules: Burton: tie voted that down. your initial Remy: Let's get back to what we're doing here. - I thought we had gone - Schuelke: I'm finished with what I have to say. here all the way Burton: Mr. Bruner do you have anything to say. Burton: Bruner: Well I kinda agree that to go single family in that entire area wouldn't be in the best interest - I think it should be down to the medium family residential. Well we've got Burton: Well there is portions of it that should go RSF. That now new subdivision should be RSF, the block directly below is RSF - (inaudible). And that other little chunk in even in there is RSF. But I fully believe that that other should be RMF. Schuelke: You mean the westerly side of Elm Avenue from 8th - well whatever section of subarea is above 8th Street there - all the way up to 10th - 'right. Burton: Yes. Schuelke: Where the new subdivision is - is definitely you know capable of RSF - and then the - Burton: There is a lot of older - - Schuelke: And then the southerly side of 10th Street and the easterly side of Elm —right there - that little chunk could all be - - (Inaudible). Schuelke: Capable of RSF. Burton: Yes - but you've got a lot of units built out in there. Roules: I thought we had covered that area in your initial recommendation - I thought we had gone - proceeded from here all the way up to Wellwood Avenue - I believe - - Burton: Yes you did, but that isn't - that was for - but that is my opinion. Remy: Well we've got (inaudible) what is your opinion there now Burton: Who are you talking to? Ingrao: Why don't we take each block rather than jumping around - why don't we just work from west, earst - o.k., we've got these takened care of - let's go to 211 and 212. Burton: well 211 should remain RSF. Ryskamp: lialf way down the middle of it. Burton: Middle of Wellwood Avenue. Ryskamp: No. (inaudible) to the alley in 212? Burton: All of it is 212. Ingrao: So - people on Wellwood Avenue would be facing multi family. You would have single family on Wellwood on the west side, multi family on the east side. Burton: Right. You have it over there right in the middle of a chunk of land - you don't even have a street between it. Schuelke: With two or three - Burton: You've got high density in RSF - you don't even have an alley between (inaudible) Dennis. Ingrao: Just because we have something now, doesn't mean we can't try to correct things from not happening - Burton: But that's the way we recommended to approve it. That one chunk over there. Ingrao: Recommended to approve what? Burton: On number 5 - Subarea 5 - we've got half of it RSF and half of it RHD. Ingr.ao: But, the rational for that was to keep the neighborhood facing each other the same zoning. Remy: Oh that isn't splitting a property. Ingrao: We're trying to keep - Burton: I know it - Ingrao: We're trying to keep - Burton: I didn't say that - ingrao: You know the McCoy and Hatfield thing - Burton: You're still going to have over there single family next to high density. Koules: Well here - if I may make a point, here the commission voted to change the westerly half of block 5 single family because of the (inaudible) single family - Burton: Right - I understand that. Koules: So we are trying to match both sides of the street. Remy: Is that - - Ryskamp: It is not good planning to have a situation where you have a little tiny block or two of RMF in the middle of RSF. Burton: That is not a little tiny block or two. Because - then this becomes RSF. Koules: I might remind you - that we are also changing the general plan accordingly so that you.have a general plan which might show the whole areas as residential single family and have pockets in that for a different designation. Burton: No not the way - I'm not talking about putting pockets anywhere. Koules: No but I'm saying when you change the zoning (inaudible) but be reminded that you are also changing the general plan and so the general plan tends to flow in a more uniform way than the zones do, but this would create pockets of different plan designations. Ingrao: If there wasn't anything developed o.k., there is nothing on any of these lots, just rationally looking at this, it looks good. I mean you've got flow, you've got a solid block there, ;-you've got a solid block up here and then you come down to a medium density and then you move into your high density, you've got your commercial and your little manufacturing over there. Remy: Did you color your picture? Burton: No. Remy: Well if you did it would look different. Burton: But I didn't have any pens. Ingrao: This looks like it makes sense. Burton: I know what you're saying - Ingrao: If you envisioned the whole thing vacant - o.k., and somebody was planning a city and they drew it out, I mean you have all these likes together and then you flow down into your different densities - you've got groups of neighborhoods that are inconformity with each other. You know, then start we're gonna put orange up here, orange down here, you know - blue maybe somewhere else - I don't know - but this looks like somebody is planning something. We're not taking what was there and trying to make it - put it to what on here. It looks like somebody is planning and that is what we're suppose to be doing. We not suppose to be - I don't think, we're suppose trying to fit these people in just because - you know - we've got 138 of the property owners or 138 of lots are on a multi - family use and they've 65 dwelling units as opposed to 148 single family units. ------ I i_�, wA nro trvina to do all this scrambled eggs to a main course out there. Something that looks like its got a plan and flow to it. (inaudible) I know there are units there and they are congregated on one section but that area - we're looking at an area - we're not looking at streets. . way those Remy: apartments drare built gthey edon't anyway he obviously apartments, except those that (COMMISSIONERS TALKING AT THE SAME TIME). Ingrao: kept oandsttheydareeoldernunits thalllofltheYe l well new stuff stands out - Schuelke: Because they are two story and they are totally crambed into the lot - but you have an RMF zone there and you are going to only allow three units maybe four at the most and they are not going to be two story and they are going to fit nicely on the lot where like Ethel said you can't even really tell where the units are except those apartment buildings that are there. Remy: Yeah - but then we have pockets - Ingrao: Those are the people that have abused - you know - are takened advantage of what's there. Burton: (inaudible) your map - you didn't color yours either. Ingrao: No - but that looks good. Remy: He likes my coloring - Ingrao: It makes sense - (inaudible). Remy: Well I think Steve did a terrific job on this - I think Ingrao: If this plan isn't even there - say its's 758, 808, 908 correct, it is a point to work from and we could take that and just - say if we approved it we take and then we can get the City back into gear again. Get the Building Department moving, get builders and developers going - they know where they are at - they know what they can do. You know - then if we've got to take an area we can look at an area. You know- a smaller area rather than half of the City. Schuelke: That is what we have years and you never everytime there is a zoning. Everytime - let's do this for now and look at it closer there is just too much Remy: We haven't changed the the zoning - it was tried to do for the, past five get to it. You're always - new group in, there is a new you know, and then you say well so that later on we will take it and you never get to that point, to do. zone Emeline. We didn't change other people that changed the Burton: i1*-'t those other units detract from the residential single family (inaudible). No. Ryskamp: So you're saying then that - wily would somebody - if that is the case - and I have the (inaudible) I happened to of driven through - if that is the. case why would someone not want to put a single family home or live in a single family home next to one of those (inaudible). Schuelke: I was thinking merely of that one block - not the rest of whole - the total area. Ryskamp: Oh - o.k. Remy: Well that one block I don't think there is that many vacant lots. Ryskamp: well - vacant lots really isn't the issue Ethel because you can build - you can tear down a house and build 7 units - Remy: Yeah - you can tear down - Ryskamp: And that doesn't happen. Schuelke: Create a vacant lot. Burton: And you've got that mobilehome park in there that you can move them mobilehomes out and you've a bunch of land you can build on. Koules: (inaudible) makes a point - this is a plan and what we're trying to do is to gravitate some of the densities according to (inaudible). (inaudible) fits in place now in terms of existing land uses, but may be over the years you would - I must remind the commission we are talking about proposing (inaudible) of medium family 16 du /ac, so you will have that housing stock in the area. It will be laid out in a more uniform pattern - hopefully, making each subarea, each (inaudible). There is a good portion of land here that is proposed for multi family use. Remy: It is all in the one area. It looks neat. Burton: (inaudible). Ingrao: Isn't it obvious. I'd like to make a motion. Burton: O.k. Ingrao: Subarea 1, I make a motion we approve Subarea 1 with staff's recommendations. You need anything else? Remy: Are you going to ask - discussion. Burton: In a minute. Schuelke: Are we allowed that? Burton: Yeah. We have a motion by commissioner Ingrao and second by commissioner Remy to approve Subarea 1 which is to change the existing general plan designation from high density residential to low density residential and change the existing zoning from residential high density to residential single family - that is the staff's recommendation. Now do we have some discussion? Schuelke: I'm cold. Ingrao: It'll get hot in here as soon as the heater kicks on. Burton: Emeline. Schuelke: I just wanted to look at his map and see if I was following my (inaudible). Burton: Oh - o.k. She was just trying to locate it on his (inaudible). Remy: (inaudible) whey don't' we take a break. Burton: We've got a motion on the floor - can't. Remy: Oh yeah. Schuelke: I'm envisioning as they were - that if you take.you know the colors the way they have them - o.k., let's go on by colors - if you took that same orange which they have all the way across here - correct - on Subarea 8 - Burton: Except on here - this - Schuelke: Except to there o.k., and then you took that same all the way down to 6th, you've still got as nice of plan that way as the other way. Bruner: (inaudible) going down Edgar. Schuelke: If you take and you go on the center of the alley on the easterly side of California from and all the way up to the northerly side of 10th Street - in otherwords it would be that area there and that area there which would end up as RMF - correct. And have everything west that - RSF. Remy: And what color do you want to make that (inaudible). Schuelke: I said if you were to take what you have there - the colors that you are using there and take your orange - Remy: Orange? Schuelke: Yeah - to RMF. You are not gonna see high density apartment units, its compatible with what's existing now Schuelke: O.k., anyway you have a motion - that was my discussion - my discussion is over. Thank you. Burton: Commissioner Ingrao could ask you to take your seat, please? Ingrao: (inaudible) majority of single family in that zone - in that area is (INAUDIBLE - COMMISSIONERS ALL TALKING). Burton: we have a motion and a second. Is there anymore discussion? Schuelke: No. Burton: Roll call please. AYES: Commissioners Ingrao and Remy. Schuelke and NOES: Commissioners Bruner, Chairperson Burton. ABSTAIN: None. ABSENT: None. Burton: Only because I would like - I don't want to see that chunk of land over in that area RSF. I would prefer to see that over RMF and retain that below that area - that in the RSF (inaudible-)" that section right there - I'd like to see that RSF - but that up there -but like Emeline she has pointed out a good concept - it would tie right in with that RMF if we did what she suggested - where it went up from the top and brought it down. Remy: Yeah, but (inaudible - more than one speaking). Ingrao: (inaudible) but that's all single family down that way. Remy: We're doing all this for just - was it 25 apartment uses and 9 vacant lots. There is already 148 single family residences. Ingrao: 13% just doesn't - Burton: Now if I - what a minute - is that for Subarea 1 - are these number of lots in Subarea 1? Remy: Right. Burton: Or does that go all the way to 11th. Remy: No. (inaudible). Koules: (inaudible) is for Subarea 1 which goes half way from 10th to 11th between the east side of Euclid Avenue and take west side of Edgar - this line running down this way, this is Subarea 1. This area outside of Subarea 1 (inaudible) special study area is zoned single family now (inaudible). Ryskamp: Did you say that just north of the area within the special study area - you have a lot with three apartment units on it? Ryskamp: But they continue to give you insurance - so you are not having any problems? Schuelke: Because I just renew the same policy - they don't go out and check the zoning every year. Ryskamp: So that as long as - I just was curious that the fact that it's - Schuelke: thatlproblem. IAnd change I'm allowedinsurance oncompanies will zone - Imean loan - zone, loan - Burton: Now we've got FHA zone - - me neither. Audience: (inaudible). Burton: Yes. Schuelke: I would like to make a motion - and Burton: o.k. Schuelke: It would - my thinking behind my motion also is including the portion of Subarea 10 - I don't think we've gone to 10 yet have we? Koules: No. Schuelke: No. But if we followed - if we went below into Subarea 10 and we followed that RMF from the most northerly line of Subarea 1 all the way down to where Subarea 1 ends which is - Koules: On Euclid Avenue now? Burton: Edgar. Schuelke: I'm going down the alley along'- between California and Edgar o.k., and taking it - going back up to the point where the subarea begins on - right there - and coming all the way down to what is that street - it would be just north of 6th Street where Subarea 10 ends - the southerly - Koules: North of 8th Street. (INAUDIBLE - COMMISSIONERS ALL SPEAKING). Koules: I'm sorry - o.k. Subarea (inaudible). Schuelke: And then preceeding east to the alley between Euclid and Beaumont Avenue. Koules: How far down south did you go - to 7th? Schuelke: I went to - pass 7th to the southerly line of Subarea 10. that are within that area now. And then, that the westerly side of Subarea 1 from that point, be followed as per staff's recommendation to RSF. And the westerly side of Subarea 10 - - I'm sorry, then - we just zoned - area 12 we zoned as light industry - is that we did? Burton: Yes. Remy: Light Commercial Manufacturing. Schuelke: Light Commercial Manufacturing on area 12. Burton: And Light (inaudible). Remy: And also 11. Schuelke: O.k., so then I would propose that the remainder of Subarea 10 - Burton: George - (inaudible). Schuelke: also be RMF. Ryskamp: I was just asking - was that in the form of a motion? (inaudible). Burton: Yes, she was making a'motion. Could you ask what? Ryskamp: I have a question, but wait till motion (inaudible). Burton: O.k., Do we have a second. I'm not going to repeat that - it's on tape. Schuelke: I'm sorry - you need the motion again Cherry. O.k. And you'll draw that line again Mr. Roules? My motion is to recommend to City Council that the area within Subarea A - Burton: Wait a minute - Subarea A? Schuelke: Im sorry - Subarea 1 beginning with the most northerly and westerly line of that subarea and following down to where Subarea 1 ends - the southerly line of Subarea 1 and continuing south to the southerly line of Subarea 10 in a straight line, then going east along the southerly line Subarea 10 that being let's see - easterly and southerly line of Subarea 10 and then going north along the easterly line of Subarea 10 to a point that brings us to the southerly line of Subarea 1 and continuing north to the northerly line which would be the northeast' line of Subarea 1 to be zoned RMF. It is my opinion that that area would be more in conformance with its existing nature as opposed to the RSF., Ingrao: What about the rest of the (inaudible). Schuelke: I really would like to leave the balance of 10 to the of Subarea 1 - Burton: With the balance of Subarea 1. Schuelke: The balance of Subarea 11 that we recommend that that be zoned to RSF as well as the westerly side of remainder of Subarea 10. Burton: O.k., does everybody understand the motion. Do we have a second? Bruner: I'll second the motion. Burton: We have a second. Now does everybody understand the boundaries that she outlined. O.k. Do we have discussion. Ingrao: Yes. Burton: O.k. Ingrao: The southeast section - or I guess you would call it the east section of Subarea 10 that she is proposing to zone RMF does not predominately - in that use right now - I don't feel that that would be consistent with that use. And it would not enhance that neighborhood, it would change the neighborhood from it's existing (inaudible) or whatever you want to call it. Schuelke: But it is the lower part of the City if you take 8th Street as it's dividing line and it has - it's best use from - on the southerly side of 8th Street for RMF closer to the commercial area would.be more (inaudible) as RMF than it would as RSF in my opinion. Ingrao: You know the one thing that I see west of Beaumont Avenue is that is affordable housing - that is affordable single family housing for new comers into the area, for young adults in the area - that is a place that they can get started, get some roots - upgrade the property, improve the property which alot of residents have and what we're doing is we're taking away affordable single family homes. Burton: What do you consider affordable homes? What price range? Ingrao: Probably 65 to 85 thousand dollars. Burton: Alright then, if that is the case, why would they buy an older home over there, move in it with all the older home problems when they can go right up there on Brookside and buy a brand new one for 70. Ingrao: Cause of lot size - (APPLAUSE FROM THE AUDIENCE). Burton: They don't look at it that way Dennis. The younger buyers. Ingrao: I did. Burton: Well that's you - but the majority - Ingrao: Well good god I'm not the only person. Burton: You go up there where they built all those new homes up there - o.k., I know what you are saying - - Ingrao: The quality housing isn't there, the atmosphere isn't there, the neighborhood is not there. Burton: I agree totally with you - but the buyer - when the young kid - and they can qualify easier for a home up there then they can on these (inaudible). Ingrao: Well why - - Burton: (inaudible). Ingrao: They can still buy these - they are still available. (INAUDIBLE - COMMISSIONERS ALL SPEAKING). Burton: Let's not all talk at once. Remy: we had someone at the microphone earlier who came up and said she liked the single family housing close to the commercial for the older people - they could walk to and from the shops and the churches and everything - and - I don't know I guess she is gone now - but anyway she mentioned that point - that the single family was more convenience. Burton: But many of your older people are living in apartments now. Remy: (inaudible). Burton: Well I know, yes. Ingrao: I just think that that is an option that we are eliminating. Ryskamn: I was just wondering if the motion would be more compatible if the both sides of Edgar running between 7th and 9th were RSF rather than RMF. That still is an appropriate zone where you've got your RMF behind your commercial for a full bloc), up and down Euclid and also north of 6th - 7th. But that would take those two blocks which are almost entirely with one exception, residential single family and leaving them in at area and I think that's - if I'm familiar enough with the area - I think that's the area that Dennis' is kinda talking about the most. Ryskamp: (inaudible) Because of the amount of RMF. You've got quite a bit of RMF down there. Ingrao: Where is the break on the north being made? 9th Street or 10th Street? Ryskamp: 9th Street. So you would have RMF in this area coming this way down to here and then here - this area would be RMF - yeah, going just like that. Ingrao: O.k., on 7th Street you're going all the way to California or or you going to the middle of the alley? Ryskamp: Going to the alley. Ingrao: The alley o.k. ' Remy: The alley - which alley? Ryskamp: Oh, on 7th - Ingrao: On 7th you're going west - - Ryskamp: Right down the center of 7th. Ingrao: You're going west to California or west to the alley? Ryskamp: West to California because this is residential or this is light industry right down in that little triangle - (inaudible). Burton: It's a hotel. Ryskamp: (inaudible) - is that what it is? There's a hotel that whole block - Burton: A little bitty house right behind it. Ingrao: A reasonable facsimile. Ryskamp: So you're talking commercial light manufacturing area there anyway. Schuelke: What are you proposing on the east side of California between 7th and - - Ryskamp: Would all be RMF. This block down here would be RMF, this line up here from 7th to 9th on Euclid, both sides would be RMF and then Edgar and Euclid north of 9th up to the that line above 11th would be RMF. Remy: Edgar and Euclid? Schuelke: Can you draw me a picture? Koules: We would take your proposal and'leave it in tact to the point it gets down to 9th Street. Ryskamp: No - down to Euclid - down the alley. So Euclid on both sides remains RMF, it just takes these two heavily c.....:,.. �11 t e „n Anrl anwn Edgar and leaves Ingrao: That's my map - don't you do anything to it. Burton: (inaudible). Schuelke: I just didn't think about cutting it up - it seemed easier to go all the down and around. Ryskamp: Well, but that is still a block. Schuelke: But that makes sense. Ryskamp: (Explaining area on map to Ethel). (inaudible). That can be part of your recommendation - is that there be a change in RMF that would not allow two story buildings. Burton: Yeah, (inaudible). Ryskamp: That is something you could request that we bring back to you - cause part of that recommendation is an ordinance change on the RMF zone. Schuelke: As it is, building in the RMF zone a single story, you would see at the most three or four units - right, on a Ryskamp: Steve is better able - - Koules: I think you couldn't get more than three units, certainly - I'd say three and that might be tight (inaudible). Ryskamp: With single story. Koules: Yeah. Ryskamp: How (inaudible) can you get with two story (inaudible). Koules: I think you could stretch it to four. Schuelke: Four is the most - so I mean it might even - but anyway that is a consideration down the road. Remy: There again it depends on the size of the lot. Koules: Yes - the size of the lot, size of the units. Ryskamp: But that could very well be part of your recommendation. Schuelke: So my recommendation then, my motion well be amended to read as per Mr. Ryskamp's suggestion. Burton: Is that agreeable (inaudible) Schuelke: Without having to follow the - - Burton: O.k. We have a motion and a second - an amended motion and a Schuelke: My motion included that the balance of Subarea 10 be as per staff's recommendation to RSF. Ingrao: But now that's the alley between Edgar and Euclid. Burton: Well she said - she made the amendment. Ingrao: O.k. Burton: And Cherry has the amendment - showing the area. Ryskamp: And that would now be the alley. Sec: Wait a minute. When Mr. Ryskamp showed you - he just showed it on the paper - was it stated in - Koules: I can try and describe it for you if you want. Burton: As long as she has the map. I think she can pick it up. I can leave you my map Cherry. Ingrao: She can keep my map. Burton: (inaudible) Ethel's is the one that is colored. O.k., can we have roll call please. AYES: Commissioners Bruner, Schuelke and Chairperson Burton. NOES: Commissioners Ingrao and Remy. ABSTAIN: None. ABSENT: None. Remy: I request a break here. Burton: O.k. Sec: This amended motion did not include the westerly side - the westerly side is still staff's recommendation. Ryskamp: Yes. Burton: The only thing that she did was take this chunk out of the RMF. Ingrao: And added this. She added this. Burton: Oh yeah. Koules: Everything west of Subarea 1 and 10. Schuelke: How many more subareas do we have to -, Burton: We have two, three, four, seven, eight - Schuelke: We did seven. Burton: So we have one, two, three - - Ingrao: I'd like to tackle a difficult one. Burton: Four, five - we have five more areas, so we've done seven. Viell if we (inaudible) we're gonna be here to 11:00 o'clock and I don't think that is necessary. Ryskamp: why don't you start eight. See what you get. Burton: O.k. Remy: well there is a (inaudible) conflict of eight - why don't we do something that is easy. Schuelke: I make a motion that sae tackle Subarea 4 and I further add to my motion that we recommend as per staff - - Remy: Why - - - Schuelke: I'm making a motion here. That we follow staff's recommendation as to Subarea 4, from high density to residential single family. Burton: O.k., we have a motion and Ethel you want to second it. Remy: Yes. Burton: O.k., we have a motion to approve staff's recommendation to change the existing general plan designation of low density residential and change the existing zoning from high density residential to residential single family. Do we have further discussion. Roll call please. AYES: Commissioners Bruner, Schuelke, Ingrao, Remy and Chairperson Burton. NOES: None. ABSTAIN: None. ABSENT: None. Burton: I would like to see us not get into anything because I think that 3 hours is plenty and that we start it again. Schuelke: We have time at our next - we have until our next regular meeting - Burton: To finish it up. Schuelke: Do we want to hold another special meeting between. Burton: Well now Dennis won't be at the next meeting. Schuelke: Oh - darn. Ingrao: No I won't be here. Ingrao: Happy birthday. Burton: Your's is the 3rd. Schuelke: Oh, no, no, no - next week. I don't know why I thought our regular meeting was the 8th isn't it? Ryskamp: No, that's the council meeting. Ingrao: we've got to have this thing over with by the 2nd. Schuelke: By next week - o.k. (inaudible). Ryskamp: That's the goal. Remy: Are going to have one more special meeting then? Burton: Do you have a problem with any of the other areas? Schuelke: Really we went pretty fast through most of them - there aren't many left. How many are left to do? Burton: One, two, three, four. Remy: Yeah - but we spent two hours on two sections though. Schuelke: Well they were the most controversial though. Ryskamp: Why don't you see what 8 does. Burton: Let's go to section 8. Who wants to throw the first ball. Remy: I'll make a motion that we recommend to Council accepting staff's recommendation to change the existing general plan designation from high density residential to medium density residential and change the existing the zoning from RHD to residential multi family and that is the area described as Subarea 8. Burton: We have a motion to approve the Community Development Director's recommendation to the council - do I have a second. Ingrao: Second. Bruner: Second. Ingrao: Let him take it. Burton: O.k., we have a motion and a second. Do you have any discussion? Schuelke: I just need a couple of seconds to study my notes - if that is alright? Burton: Yes. Schuelke: And then we have high density along Massachusetts - the other Fago project - Burton: ido. Schuelke: Facing Massachusetts right? Burton: Yeah. Schuelke: Here is Baker's and the southerly side of - Burton: Baker's is down here. Schuelke: Baker's is on 8th and Michigan. Burton: 8th and Michigan - you're right. And then they face Massachusetts. Schuelke: Fago's face Massachusetts. And then we have a 6 unit - no - a 4 unit next to Fago's and we have - - Burton: And then we have - - Schuelke: And then over here we have a real high density project with 12 units - where - right behind what use to be Wally Proctors and across from (inaudible). Ryskamp: Give us streets some of us don't know who Wally is. Ingrao: You don't know Wally (inaudible). Burton: We do. Schuelke: On the easterly side of Massachusetts - I was going to come to that as soon as I got my bearings here - on the easterly side of Massachusetts Avenue and the southerly line of Section 8 there is a 12 unit apartment complex and directly behind that is a 6 or 8 unit - they're separate cottages - and then I believe there is a 2 single family houses on 1 lot directly behind those units and then directly across the street from that we have a 7 unit Fago's project - - Burton: And to this side there is a tri -plex with a duplex in the back. Koules: (inaudible) vacant lots. Schuelke: And then the very corner lot - I know it just sold for high density o.k., I got it - Burton: And then come over here - - Schuelke: Michigan Avnnue the southeast corner of Michigan and 8th is the Baker project - 24 units. Schuelke: Between 9th and 8th - page 29 would be here. Burton: On the east side of Michigan. Ingrao: There is a deep lot that looks like it has maybe 3 units on it. There is a house on the corner that is a rental. Burton: [le says there is 3 units on it. Ingrao: I'm assuming there is 3. Burton: Then you have Baldi's project. Schuelke: 28 units here on the east side of Chestnut and 8th and you have the 6 unit - Burton: Here is Baldi. Schuelke: No Baldi's is on the west side of Chestnut. Burton: Oh yeah, that is right. Then you have the 6 units here - Schuelke: The 6 units there and the proposed whatever on each side of that - and so what I'm thinking is although that 6 unit has not been the'most agreeable project on the east side of Chestnut, if that were to go RMP that zone, they only be allowed to build 3 units on each side of that albatross - right - and that would look awfully funny to have that 2 story unit with 6 units where maybe what could happen is with Baldi's building the 28 units across the street, you could have more of a conforming neighborhood from that area east to Pennsylvania that is already zoned RHD and not allow the 6 units at high density, but you could enhance that one building that is there now, by allowing units to be built on either side of it but not as high density as they have now. Burton: They can't build it there - - Remy: They can't build - those are 60 foot lots. Burton: Those are 60 foot lots. Schuelke: But then they've got the 3 lots adjoining. They own the lot south of them, they own the lot north of them, the two lots north of them. Ryskamn: Yeah - any point you can merge two lots, you've gotten around the 70 foot restriction. Course you've also got more area there (inaudible). Schuelke: Well I'm just trying to propose here whether - I'm confused myself as to whether to look at that from the Chestnut area over to Pennsylvania and leaving it like it is and then the - - Ryskamp: You're saying everything on that line over - RHD. Schuelke: I'm trying to visualize what the effect - Burton: There is a lot of apartmentr in there and is a lot of - they've got units in a row going back - Remy: Yeah - we know, but we're proposing multi- family. Burton: I know that. Schuelke: And I am visualizing the multi - the RMF next to your high density units in order to enhance the mistakes that are there already with the high density. Ingrao: You make more mistakes. Schuelke: No because with the high density they are not going to be allowed that many units on the lot anyway. Remy: Not with the multi - family either. Ingrao: But they would be allowed two story. Schuelke: They would be allowed two story with the RMF as well. Ingrao: Not if we say they can't. Schuelke: I'm just visualizing you know - three units on both sides of this great big dense unit in the middle plus the 28 units — - Burton: There is a lot of units in that area that has been built but they've been approved. Schuelke: And then right behind that the other 7 units. Burton: Baldi has got 28 going up. Remy: When did we approve this? Burton: Long time ago - I wasn't on the commission when it was approved and I've been on the commission for four years - three years Remy: I don't remember seeing his plans. Schuelke: It was here I remember. Ingrao: Don't they have a year after approval to get the project underway? Ryskamp: How could that be possible? To get a building permit and approval for four years. Burton: Well it's been over four years. Remy: (inaudible). Burton: Yeah, but it was approved I know four years ago. Schuelke: It was (inaudible) for an extension. (INAUDIBLE - COMMISSIONERS ALL SPEAKING). Ryskamp: Oh that's the one they came in with the extension. `O.k., they had to have gotten an extension and then be building by now. (inaudible). Schuelke: They got an extension. Burton: But they didn't come here to get an extension did they? Schuelke: Yes they did. Burton: Since I've been on the commission. Schuelke: Oh, I don't know if you've been on the commission, but I know they ask for an extension. Burton: I don't remember it. Well see now what they use to do, I don't whether they are still doing it or not, but in planning and the building department, all that constituted starting that project was submitting the plans. Koules: Well - I know I've seen that on some of the conditions of approval - and I questioned it and I would like to change that - - Burton: Yeah, and I always argued - I've argued all along that our code doesn't say that, it says something else. It says substantial building. Koules: Burton: Remy: Burton: Ingrao: Remy: That is the way it is in most jurisdictions, you have to invest (inaudible) foundations in with some work. Right, I know it was in 84 that he came back and got that extension. Yeah, but now it's 88, extensions? That's the only one he got. how did he get so many Aren't they only for 12 months or 18 months? Yeah. Schuelke: I don't know, but the man (inaudible) has a permit and he is moving the dirt around and he is hiring his Subs to get started. Remy: (inaudible) I just ask - how did he get. -it? Because he didn't - - Koules: (inaudible) an extension on a building permit because (inaudible). Remy: well it's 10:00 o'clock, I'm going to go home and eat if no one is going to get on this this - Ryskamp: There is a motion on the floor. Remy: Well I know. Burton: Now we have a motion - Schuelke: I make a motion - I made the motion, right that - - Burton: No you - there's no motion on the floor - - (INAUDIBLE - ALL SPEAKING AT ONCE) Burton: There is a motion to - - Sec: Yes, there is a motion on the floor and a second. Burton: There is a motion to approve - - Schuelke: Oh, we're in discussion - I guess we are tired aren't we? Remy: You had to refer to your notes and there we've been, 10 minutes ago. Burton: Well - call for the question. Remy: Why don't we take the vote and get on with it. Ryskamp: That sounded like a call of a question to me. Burton: Yes. Cherry can we have roll call. Sec: This is for staff's recommendation. Burton: Yes. Sec: AYES: Commissioners Bruner, Ingrao, and Remy. NOES: Commissioner Schuelke and Chairperson Schuelke. ABSTAIN: None. ABSENT: None. Burton: That's for that whole Koules: That's from Subarea 10 which runs from Pennsylvania Avenue westerly to and including the east side of Magnolia - does not include the west side of Magnolia. However, for the west side of Magnolia, the departments's recommendation is to build multi family (inaudible). Remy: Yeah. Burton: What subarea is that? Remy: Nine. Burton: No wonder I couldn't find it - looking over at Emeline. (inaudible). Sec: Did you want it back right now Dennis? Ingrao: Do you still need it? Burton: Now this Subarea 3 - may I ask you - - O.k. Schuelke: I make a motion zoned RMF and to take care of 2, 9 Burton: We have a moti, Subarea 2, 3, and have a second. that we recommend that Subarea 3 be include Subarea 2 and 9. That would and 3. Dn to recommend approval of RMF on 9 to residential multi family. Do we Bruner: I second the motion. Burton: F2e have a second. Ingrao: Can we have discussion Patti? Burton: Yes. Ingrao: Above 10th, we just have one multi family? What is that unit there? Is that an apartment? Koules: I show it as a duplex. Schuelke: We are not including that though in this Subarea are we? Burton: Yeah, that is part of it. Schuelke: ire said above 10th Street didn't he? Oh, above 10th and Magnolia. Ingrao: 2 and 3 go above 10th. You've got 9 up there to. (inaudible). Schuelke: We don't want number 2 in there, I'm sorry. Ingrao: And then you've got - o.k., to the west of the middle park, you've residential single family and it just seems like those two there should be - well right here the middle part and then the two next to it, it seems like from 9th north make more sense to have RSF. Burton: There is a lot - already built out in there. Ryskamp: Between 9th and 10th, you've got a lot of RHD. Schuelke: Is that 9th there Steve - - Koules: This is 9th where I'm adding - - Burton: Is that agreeable with the second. Bruner: It's agreeable. Schuelke: Except - why does the zoning there Steve right where you have the pointer just now on Magnolia - what is the zoning - the existing zoning thf�re now? Koules: The existing zoning is multi - high density residential (inaudible). That is Subarea 9. Schuelke: Where was it that you said it zoned commercial (inaudible. Koules: (inaudible) no the plan is commercial. The zoning is - yes. Ingrao: That is right by the school. Koules: Yes. The zoning is residential high density but the plan is general commercial along the whole strip on the west side of Magnolia from - 6th up to - - Burton: 11th. Schuelke: So to conform to the'general plan, we would have to take that little sliver between 6th and - what street is that? Koules: North of 8th. Schuelke: O.k., how about just (inaudible) to the center of 8th Street or the north - or the south side of 8th. Koules: one lot deep. Schuelke: And conform it to the general plan as commercial or leave it like you're saying RMF and deal with the commercial later - is that what you're saying? Koules: My recommendation is to change the general commercial on the plan to medium - - (inaudible). Schuelke: O.k., so we're going to comply with the general plan. Koules: Yes. (inaudible). Schuelke: In accordance with whatever the result is of this. Then RMF - - Remy: Well we've already approved this multi family. Ingrao: No we didn't. Remy: we didn't vote (inaudible). Ingrao: No (inaudible). n..r +..n Nina Koules: The balance of 2 and 3 and 9 - Burton: To RMF. Koules: Yes. Ingrao: What is on the corner of 9th and Michigan. Cause you've that - Remy: That school - school property there at that - - Koules: (inaudible). Burton: It is that continuation school. Ingrao: 0.k. Remy: It use to be the ballpark. Koules: 9th outside of this Subarea right. Ingrao: The southwest corner of 9th and Michigan - that is the school? Koules: Southwest corner, I have on 9th and Michigan a single family house on the southwest corner and a duplex behind that single family house. Everything else in that block is shown as single family. Ingrao: Can I ask you a question. On your recommendation some rational you've been giving us to have (inaudible) unit spacing like in it's conformity, o.k., on Michigan - between 8th and 9th we've got that one section that is RSF to the east. Koules: To the east, yes. Ingrao: The northeast section. Remy: That isn't in the - - Ingrao: I know it is not in the study area, but why wouldn't we want that - the southwest corner to be RSF. Koules: Well that is my recommendation. Remy: Yeah. This is his recommendation. Koules: For that whole area. Ingrao: Alright - cause Emeline took the whole thing - is that right Emeline. Ryskamp: Made it RMF. Burton: See that corner over there directly - that right there (CHANGE OF TAPE). Koules: 4 lots. Ryskamp: 4 lots and most of those seem to be duplexes, right. Koules: Yes, we show - this is a triplex, a duplex, a duplex, a from Michigan to duplex, a duplex - yes, I'd say that the Park of the five lots shown as multi - four are duplexes and one is a triplex. Ryskamp: That is primarily residential single family. Koules: And you've got the park then this open area. That's why we recommended residential single family. Schuelke: Well it could be a continuation of the RMF up that way and then leave that as the RSF. Ingrao: Leave this alone. Ryskamp: With the park being the line. (inaudible). Ingrao: Leave this RSF. This line across like this, bring it up to 10th - Schuelke: To 10th - stop at 10th And then you would have single family all the remainding part - Ryskamp: So in those blocked areas you would have single family in the three subareas which (inaudible) single family north of 10th and east of the park. Xoules: You might want to consider on the west side of the park, I know there is some (inaudible) there, but you have one vacant lot looks like a duplex on the corner and you would have single family character on both sides of the park. Ingrao: We're going one lot north on 8th? Is that what we're doing Emeline? Remy: Why are we doing that? Ingrao: Because we have the south of 8th - is that what you're saying one lot north of 8th. Ryskamp: That is already included - Koules: Well we've already took an action on that - Remy: Yeah, but why are going up here with multi family - just this little bit? (COMMISSIONERS SPEAKING AT ONCE) Burton: We're saying leave that RSF - Ingrao: I mean her motion originally was to change this. Burton: Yeah. Ingrao: So this lot is still RSF. Remy: Well this is subsection something else here. Ingrao: That is three. Burton: Yeah - this is 3 and this 2 or - - Ingrao: So this will stay RSF here. Burton: It would be just this chunk right here that would go - - Ingrao: (inaudible) just that little piece and this piece down here. Burton: Yeah - that would be RMF. I could go for that. Schuelke: Section 2 - all of Section 2 would be RMF - correct. Burton: Yeah. Except for north of 10th. Schuelke: Except for the north - - Ryskamp: Basically, what you described would be Subareas 9, 21 3 and 9 would be RMF except those areas within those subareas north of 10th and east of the park would be RSF. Unless you want to move that RSF over and let Orange on the other side of the park - so that you have that whole - - (inaudible). Burton: No, I like this - because that flows. Remy: Subarea 9 - there is only (inaudible) one multi residential use in it. Burton: That's his recommendation is to go to RMF. Schuelke: RMF. Ryskamp: That is on commercial. Remy: Oh, that is an extension of 5th. Burton: Yes. Ingrao: All we're doing is picking this up like this and bring it up and over and that is it. So what you have is this one, this one, this one, this one, and this one go RMF. This would be RSF - this would all stay RSF. Burton: See like that. Ingrao: That looks good. Bruner: That looks good. Remy: (inaudible). Burton: Do you want to revise your motion? Schuelke: Oh gee, I think for Cherry's sake yes. Sec: Well first of all this is for Subareas 2, 3 and 9 - all going to be RMF with the exception of the north part of 10th and the east part of the park which will be RSF. Schuelke: Right. Burton: I've got it here on this map - I'll give you. Schuelke: The north part of 10th Street which will be RSF Cherry is Subarea 2. Koules: And a portion of 3. Burton: Yeah - a portion of 3. Schuelke: Does 3 go up to l'Oth? Burton: Yeah - portion of 3. Ryskamp: Three goes all the way to 10th. Schuelke: Yes it does, I'm sorry. Burton: Three goes like this. Schuelke: ;o both of those subareas 3 and 2 and 3. Ryskamp: So within Subareas 9, 2 and 3 everything is RMF except north of 10th and east of the park. Burton: Right. O.k. We have a motion and a second. Let's have roll call please. AYES: Commissioners Bruner, Schuelke, Ingrao, Remy and Chairperson Burton. NOES: None. ABSTAIN: None. ABSENT: None. Ingrao: Let's quit while we're winning. (inaudible - all speaking). The only ones I'm going to miss - - o.k. we've got - is 2 right? Burton: We've done them all. , Ryskamp: We've done all of them now? Good iob. Ingrao: Those people went away happy I take it. Burton: I don't know. Ingrao: They applauded. Burton: Maybe because we finished something. Ingrao: We did that whole thing in one night. Remy: We didn't do the whole thing. Ingrao: We did the whole thing - we're done. Sec: This was all in concept - remember? Burton: Yes, this was only tentative. Cherry will have it typed for us and ready to go for next week. Ingrao: George can I get my vote in - Ryskamp: (inaudible). Schuelke: And the City Council will do (inaudible). Burton: No. Remy: well why don't you just come in and vote and go home. Ryskamp: Can you come in for that vote? Ingrao: If it is takened quickly. Ryskamp: Assuming there isn't somebody who decides to change (inaudible). (COMMISSIONERS ALL SPEAKING AT ONCE). Remy: what are we voting on now? Burton: No I don't want to vote on it now. Remy: What. Burton: Cause I want to see it. You want these maps back ?. You want these requests to speak? Sec: Yes. (INAUDIBLE - MUCH TALKING AND NOISE). Burton: We'd like this concept for each subarea, the motion - set out - Sec: I'll try and get these minutes done because I can't get Ingrao: We just saw them all. Burton: But we also changed them. Ingrao: I know - we voted on the changes. Burton: Yeah. That's what she is going to bring back. Ingrao: So what's there to vote then - I'm asking, I'm not - Schuelke: I am too, I'm not understanding what we have to vote on now. Ingrao: what else is there to vote on. Burton: If they've got to draw up the whole recommendation. Ryskamp: What is the issue? Sec: Well actually you could all vote on it, you've all made a decision pertaining to each subarea. Schuelke: we all voted within each subarea, why do we have to vote again? Ingrao: Why do we have to vote ?' Ryskamp: You have to have a vote on the negative declaration as a whole and I thought we established at the beginning as a tentative - it could be done right now, if there is a motion to that effect to approve as a final recommendation all the tentative recommendations to pass the negative declaration, then it is done. Ingrao: I make that motion. (inaudible). Burton: well I was just thinking that if you saw it after it was all put together - maybe you know you might have a change of heart - I don't know. Ingrao: Yeah, but the only controversial area was this right - and Ethel and I was were the only ones objecting to it— and we already-what's there - I mean I'm willing to get it over with. Burton: O.k. Ryskamp: Somebody make a motion. Schuelke: we haven't adjourned our meeting have we? Burton: No. Schuelke: O.k. ' Ingrao: what do we have to say in the motion? I'll make the motion that George said. Burton: Recommendations. Ryskamp: Recommendations made this evening as final recommendations - Remy: Even though we didn't approve of them. Ingrao: She did. Y,oules: No, no, no, only the ones we approved. Ryskamp: Well - as a group even though you may have voted against it, we need a single final recommendation to go to the council that was the way we agreed it would be done. Remy: Oh, o.k. Ingrao: we are on record objecting to that one thing - but it still got approved. Sec: That will show in the motion that you objected. Koules: Who seconded it? Schuelke: I seconded it. AYES: Commissioners Bruner, Schuelke, Ingrao, Remy and Chairperson Burton. NOES: None. ABSTAIN: None. ABSENT: None. Schuelke: Did that motion include the approval of the negative declaration? Ryskamp: Yes it did. Ingrao: See now she can finish her story. She doesn't have to say to be continued. Burton: Now, could I have a motion to adjourn. Remy: I make that motion. Schuelke: You know this was a meeting where everybody just kinda stuck to the issue - - Ryskamp: You did an excellent job tonight. Ingrao: Council doesn't even know it, they left. Meeting adjourned at 10:29 P.M. BE:AUMONT PLANNING COai=IISSION MINUTES OF FEBRUARY 2, 1988 The Planning Commission met in a Regular Planning Commission Meeting on Tuesday, February 2, 1938, in the City Council Chambers with Chairperson Burton presiding: Meeting was called to Order at 7:03 P.Id. On Roll Call, the following Commissioners Bruner, Schuelke, Commissioner Ingrao was excused. commissioners were present: Remy and Chairperson Burton. Attorney Ryskamp was also present at this meeting. Affidavit of Posting was read. The Pledge of Allegiance to the Flag was observed. 1. Oral Communication: None. 2. Director's Report: CDD Koules reported that on January 25, 1988, the City Council reviewed Ordinance 652 on parking and referred it back to staff and commission to look specifically at three areas of concern: (1) Alley backup requirement; (2) Handicap parking; (3) Parking standards for commercial. These items will be takened into consideration by staff and will be brought back to the commission - hopefully at the next meeting of February 16, 1988. 3, 87- Pt: -5, Am. $3, (PM 22620) & 87-ND -32, division of land into 2 parcels, located at the S /L' Corner of Brookside and Beaumont Avenue. Applicant, Ron Whittier. CDD Y.oules informed the commission that this item was continued over from the last meeting, whereby, Mr.. Whittier had noted that he possibly would go with a different layout on this project; however, ,dr. Whittier called and stated that he was going to proceed with the 2 parcel split. Recommendation at the last meeting was to approve the split with the oiginal conditionsm O proceeded to read the Dotsonal I City Engineern dated September 1, 1937. The commission discussed this matter with concern over the parcel - possibly being - leveloped as such instead of a REID single family subdivision; also full improvements were discussed for both parcels. m,,� n„t,lic hearing was closed; however, it was agreed by Minutes of PC Meeting February 2, 1988 Page 2 assessment on each parcel. Chairperson Burton informed Mr. Whittier that the commission's concern is if the lots are split and Parcel 2 develops first, there wouldn't be any control over Parcel 1 when it comes in. Ron Whittier, commented that if the commission would put a condition on where if Parcel 2 develops before American Housing, Parcel 1 is required to have a blacktop frontage road; if American :Mousing should develop before Parcel 2 there will be a blacktop access road into Parcel 2; feels it is unfair to impose all the conditions of development now when Parcel 1 wouldn't develop for another 2 or 3 years; if American Housing develops first, then condition could be waived because it would have a good access road. Ron wnittier, continuing to speak commented that Mr. Dotson and Valerie Beeler both felt that the frontage road issue had been resolved. CDD Koules commented that he had spoken with Mr. Dotson this same day and Mr. Dotson felt that full improvements should be shown on both parcels of which he (Koules) concurs. Attorney Ryskamn explained that when you say "frontage road improvements" does not mean "full improvements. Commissioner Schuelke commented that she felt that the proposed project should come before the commission, with the required improvements and then look at the whole project does not want to condition just the parcel map. On motion by Commissioner. Schuelke to deny 87 -PM -5, Am. #3 (PF 2.2.620) and also deny the Cdegative Declaration 87- PdD -32; seconded by Commissioner Remy with the following findings: 1) Concern about landlocking Parcel 2 without giving it legal and physical access; 2) !'itigation has not been given in the revised conditions of approval .>y the City Engineer; 3) Sensibly, Parcel 2 should also be zoned commercial since Parcel 1 is zoned. commercial - this would allow more acreage for a nice shopping area. Motion failed for lac]; of a najorj ty with the following roll call vote: AYE,: Commissioners Schuelke, and Remy. NOES: Commissioners Bruner and Chairperson Burton. ABSTAIN: None. ABS'NT: Commissioner Ingrao. Minutes of PC Meeting February 2, 1988 Page 3 in the market place in California and in Beaumont /Banning that the entry level type home for the young person, a 79, 80, 85 thousand home is a "hot" ticket; if conditions are put on where the whole project has to have full improvements, the partnership that he represents will have to pull out of escrow; market studies indicate that in another two years apartments will be the big thing; condition of this parcel map is that he deeds to the City 40'access road. CDD i:OUles commented when creating two parcels, the improvements should be on both parcels. It is unusual to create two parcels and hold off on one with improvements until a later. date - not done this way. In terms of economic viability if there is an improvement, it will be passed on to the buyer - money is not lost. Chairperson Burton commented that if the commission approved the parcel map they would be incorporating the original conditions from the City Engineer with Commissioner Schuelke commenting that Mr. ?Vhittier is opposed to this - also if she would agree to a parcel map split she felt that complete improvements should be required; however, she is onoosed to the parcel map until she sees what the applicant wants to do with the lower parcel. On motion by Commissioner Schuelke to deny 87 -PM -5, Am. #3 PM 22620 and deny Negative Declaration 37 -ND -32 for the division of land into two parcels with the same findings as set out in the above motion; seconded by Commissioner Remy. Motion carried for denial with the following roll call vote: A=: Commissioners Bruner, Schuelke and Remy. NOES: Chairperson Burton. ABSTAIN: None. ABS ^NT: Commissioner Ingrao. Commissioner Schuelke commented that she would like to have staff look into the zoning for the General Plan as well as the re- zoning of Parcel 2 to commercial zoning. CDD Koules commented that upon request by the commission staff could initiate a study pertaining to the General Plan as well as the re- zoning of Parcel 2 into commercial. OUT OF SEQUENCE: 5. Verbal report and discussion by Community Development Director reference Oak Tree Center - 87- PP -16. Applicant, D. Christante. CDD Koules informed the commission that this project was approved October 6, 1987 for the construction of a 12,000 �, ff onrnercial building. At the time of review by staff Minutes of PC Meeting February 2, 1933 Page 4._ should have 1 parking space for every 150 sq. ft., of sales or display area and this project was represented as being a professional building. When you approve a building in a commercial zone, the building can be used for any commercial use that is allowed in that zone; thus, the reason for bringing it to the attention of the commission since it also is a crucial corner. He would like to negotiate with Mr. Christante in order to accommodate the 10 feet dedication that Mr. Dotson has asked for or maybe work out some narking because of his concern that if the market is such that office profession does not go in there, applicant has the legal option and rightfully so to out retail stores and at this point the parking would be inadequate. Fie feels that the plot plan was approved in violation of the zoning ordinance because the zoning ordinance calls for a greater number of spaces. Also, he noted that he is looking for some direction from the commission on how to handle this matter. Attorney Ryskamp commented that the parcel merger should have been brought before the commission at the time of approval of the project. The issue was raised in the engineer's letter but was not addressed on the map which would invalidate the map. Further, if this plan was constructed as is, a lot could legally be sold (other building) and then the project would definitely not have adequate parking. lie noted that you should require a parcel merger as part of the approval, since it is not legally approved because of the parcel merger issue, dedication issue and the parking issue. CDD Koules feels that in this case a lot merger could be accomplished by simply moving the building over the common lot line; otherwise we would have to process something similar to a parcel map. Don Christante, 8760 Camino Del Norte, addressed the commission commenting that: talked to Valerie Beeler numerous times as to what was going in, what was required and the lot merger was discussed; she was under the impression that if a form was frilled out this would eliminate the lot line making it one parcel; feels that this is a legal maneuver because it has riot been accomplished yet and can be rejected; was aware that it had to be merged and was going to take care of this; has spent thousands of dollars based on the approval; feels it is unfair; asked about approves: plans in the past being checked. CDD Koules commented that Mr. however, t "r. Christante is familiar with the regulations some weight too. Don Christante, commented tha hnninht what t.he�reauirements Christante has a valid point; also a contractor and is and feels this should be given t he would like to find out are. Minutes of PC Meeting February 2, 1988 Page 5 repealing Section 17.80.010 of the Beaumont Municipal Code and adding Section 17.80.010, dealing with non- conforming uses. The following corrections were made: First Page 43 should read: "up to 5 years per Section 17.60.200." Second Page ,$E should read: "building permit has been legally issued. . ." Second Page $I should read: "non- conforming. ." Attorney Ryskamp informed the commission that they have three alternatives - either to not pass this at all tonight, pass it for 10 years or you pass it for 5 years with the additional section to the ordinance that would modify the abatement schedule to provide if any sign oven ]50"0 dollars in value 1500.01 or more be five years and the rest of the abatement schedule. It can be passed this way this evening and he could then modify it. On motion by Commissioner Schuelke that Ordinance of the City Council of the City of Beaumont repealing Section 17.80.010 of the Beaumont Municipal Code and adding Section 17.80.010, dealing with non - conforming uses, with the modifications as stated by Attorney Ryskamp regarding the Abatement Schedule in Title 17, under Section 17.60.200; seconded by Commissioner. Bruner. Motion carried unanimously with the following roll call vote: AYES: Commissioners Bruner, Schuelke, Remy and Chairperson Burton. NOES: None. ABSTAIN: None. ABSENT: Commissioner Ingrao. There being no further business before the commission, the meeting adjourned at 8:30 P.M. Respectfully submitted, P ing ommion Secretary BEAUMONT PLANNING COMMISSION MINUTES OF FEBRUARY 16, 1988 The Planning Commission met in a Regular Planning Commission Meeting on Tuesday, February 16, 1988, in the City Council Chambers with Chairperson Burton presiding: Mleeting was called to Order at 7:07 P.M. On Roll Call, the following commissioners were present: Commissioners Bruner, Ingrao, Remy and Chairperson Burton. Commissioner Schuelke was excused. Affidavit of Posting was read. The Pledge of Allegiance to the Flag was observed. 1. Election of Officers: Chairperson Burton was re- elected as Chairperson for the year 1988 with Commissioner Remy elected as Vice Chairperson. 2. Approval of the Minutes for the Regular Planning Commission Meeting of January 19, 1988; Approval of the Minutes for the Special Planning Commission Meeting of January 26, 1988; and Approval of the Minutes for the Regular Planning Commission Meeting of February 2, 1988. Minutes Of January 19,.1988: Correction on Page 4, second paragraph, line 2, the word "deep" should be inserted after 145'; otherwise, the Minutes stand as submitted. Minutes of January 26 1988: Minutes stand as submitted. Minutes of February 2, 1988: Correction on Page 5, paragraph 5, line 6, the word " strikk" should read "strike "; otherwise, the Minutes stand as submitted. 3. Oral Communication: None. 4. Director's Report: CDD Koules informed the commission that the City Council on 0 inoo Dccnlntinn at its first reading / BEAUMONT PLANNING COMMISSION MINUTES OF MARCH 15, 1988 The Planning Commission met in a Regular Planning Commission Meeting on Tuesday, March 15, 1988, in the City Council Chambers with Chairperson Burton presiding: Meeting was called to Order at 7:00 P.M. On Roll Call, the following commissioners were present: Commissioners Bruner, Ingrao, Remy and Chairperson Burton. Commissioner Schuelke arrived shortly thereafter. Affidavit of Posting was read. The Pledge of Allegiance to the Flag was observed. Approval of Minutes for the Regular Planning Commission Meeting of February 16, 1988, were approved as submitted. 2. Oral Communication: None. Director's Report: CDD Koules noted that at the meeting of the City Council on March 14, 1988, the City did received some Community Development Block Grant Funds in the sum of $75,920.00 which is being used for renovation of the gym. PUBLIC HEARINGS: 87 -TM -8, (Tr. 23161) & 88 -ND -2, for a proposed project consisting of 201 lots of single family homes, located north of 14th Street, and west of Cherry Avenue and variance 87 -V- 8 for a reduction of minimum lot depth on Lots 183 and 184. Applicant, wDS Development, Inc. CDD Koules presented the staff report commenting that this item concerns an ownership of 63 acres in size on the north side of 14th St., and both sides of Palm Avenue. At staff's suggestion, the applicant did redesign the project to eliminate any possible further commercial use on the corner of 14th and Palm Streets and the proposal now is for 201 lots. Also, there is a Variance for two lots (183 & 184) because of the unique situation due to the peculiar shape of the lot. Further, in the conditions, there is a condition that the applicant would not oppose a City initiated re -zone of the land which is CRb zoned. Chairperson Burton then opened the public hearing at 7:10 P.M., asking for proponents /opponents from the audience wishing to speak. t4r Jerry Rennebeck Civil Engineer, for the project addressed the commission commenting that when this project _1 ._. « "- Ynnl oa and the City PC Meeting March 15, 1988 Page 2 matter back to the commission for discussion. commission discussed this project at great length with The The Koules commenting that this was the first time he had CDD he Landscape District and that there is no heard of t this in the conditions. It was his reference he understanding that the developerurtherWneunderwthednewly responsible for the landscaping. adopted Landscape Section under Private Open Space Yard Areas "required front and side yards shall be continually maintained by the property owner." Frontage of 40 foot lots were discussed with the feeling that this would possibly cause street parking congestion. There was also discussion pertaining to sidewalks, property landscape areas and block walls with the recommission requesting staff to check Devcorp's project ro per were putting in block walls, sidewalks and the p P landscape areas. On motion by Commissioner Ingrao to send this project back to staff and developer in order for it to be redesigned to conform with basic requirements of Title 17 and further reconsider Mr. Dotson's request for the portion of land south of the high school and north of the easement between Cherry Avenue and Michigan to be dedicated to the school; secnded Commissioner vote: carried AYES: Commissioners Bruner, Schuelke, Ingrao, Remy and Chairperson Burton. NOES: None. ABSTAIN: None. ABSENT: None. 5, An Ordinance of the City of Beaumont repealing Chapter 17.90 and Section 17.14.005 of the Beaumont Municipal Code and adding Chanter 17.90, Sections 17.12.170 thorugh 17.12.200 and Section 17.14.005 dealing with Zoning Amendments, Change of Zone and General Plans. Attorney Johnson distributed Page 5 of this Ordinance, commenting that there was a change eliminating 17.12.180 (2) B. Further, they were in the process of reviewing all of Title 17 chapter by chapter to amend and make corrections bringing it up to date with the existing Government Code of the State of California - as far as substance itself, Attorney Johnson didn't feel there had been any great changes; however, they were doing a lot of "clean up" work. Chairperson Burton then opened the public hearing at 7:38 P.M., asking for proponents /opponents from the audience wishing to speak and there being none, she then closed the public hearing at 7:40 P.M., turning the matter back to the PC Meeting March 15, 1988 Page 3 Rd., Zoned C -G. Applicant, Loren Bisel. CDD Koules presented the staff report noting that the commission had already approved this sign permit and on 12/22/87 a building permit was issued. Subsequently the agent came in for a billboard representing Kunz 8& Co., same 50 additional billboard 0 feet to the east of this for an s billboardlanniisc prompted some adbillboa�d beangd allowed meby at the planning right as was represented by the app licant. Upon looking ermit and more closely at the prior issuance of this sign p discussion with Attorney Ryskamp, it was discovered that this sign permit was granted in violation of Title 17. On February 24 and 25, 1988, he (Koules) and Mr- Building Inspector field checked the site and saw that no sign. of this on the work had commenced on the constructisna statement thatreads front of the building permit "cessation must start work within 60 days of the issuance of the building permit ". A certified letter was then eTmitedwas the applicant informing p him that his contactgstaff before void and directed him (applicant) considering a placement of the billboard -ono 3 /14 /88,stCDD has not heard from the applicant. Also, Koules, City Manager Bou dstand BuildingInspectothatTurner was went to the site p n received in the a.m., stating that the billboard was constructed over the week -end. The following day, March 15, 1988, Building Inspector Turner again went to the site and took photos of the sign. Mr. Koules commented that he could not attest to the sign being constructed over the week -end; however, upon checking the site about a week and half ago, the billboard was not there. Mr. Koules noted that the billboard was constructed after the applicant received the City's certified letter and that the app licant was of tonight's agenda; it had been discussed with Attorney Ryskamp and City Manager Bounds and that he (Koules) feels action should be taken against the applicant. Attorney Johnson commented that since the asign htimebeen built, reconsideration of the sign permit is probably moot; however, they are looking into remedies the City can bring in order to have the sign removed. CDD Koules asked that since this sign permit was granted in error shouldn't the action that was taken on December 1, 1987 be invalidated, with Attorney Johnson commenting that the commission could reconsider their previous action. Chairnerson Burton then opened the public hearing at 7:54 p,M ., and there being no one in the audience wishing to speak, she then closed the public hearing at 7:55 P.M., turning the matter back to the commission for discussion. on motion b Commissioner Remy, seconded by Commissioner _ y--- :,,a the action taken on December 1, 1987 PC Meeting March 15, 1988 Page 4 Beaumont. The area, or areas, hereinabove referred to are described as follows: feet on a. The areas extending five hundred (50a highway either side of the property line °f Freewayg y Freeway- designated as a State Freeway or County roll call Motion carried unanimously with the following vote: rao, Remy and AYES: Commissioners Bruner, Schuelke, Ing Chairperson Burton. NOES: None. ABSTAIN: None. ABSENT: None. SCHEDULED MATTERS: An Extension of one Cougar Mountain e year requested by 7. 1988 to March 6, 1989, Applicant, Apartments from March 5, Michael M. Slagle. approval report recommending aPP as CDD Koules presented the staff rep approval of this extension with the same cc pp Commented approved b} ht's agenda was due to that the reason this item was on tonig of the commission meetings• a cancellation of one Chairperson The commission questioned this extension per taining a ainingto "Plot Burton reading a quotation from Title lro project never brought plans" with it being noted that this p J in the improvement plans intended for Palm Avenue. Attorney Johnson suggested that the commission continue vthis matter and request the applicant appear and g reason for not pursuing his project, with Commissioner reason Schuelke suggesting that he also give an up project. °n project. seconded by Commissioner On motion by Commissioner Remy, Bruner, to continue this item to the next Regular Planning Commission Meeting of April 5, 1988, and the applicant be notified to be present at the he giving an update and f substantiating valid reasons or the extension, also commission shall be able to review update. Motion carried unanimously with the following roll call vote: AYES: Commissioners Bruner, Schuelke, Ingrao, Remy and Chairperson Burton. NOES: None. ABSTAIN: None. ABSENT: None. g B Appeal on Minor Plot Plan 88- MPP -2, Greyhound Bus Stop. __,A u —rnAn_ PC Meeting March 15, 1988 Page 5 Mr. Kovak's operation; creating a traffic hazard; areaUnot really suited for station and other places discussed; approval; left turning for buses. Mr. Jim Jeffre , 575 W. Count Line Rd., Calimesa, addressed the commission commenting that: bigger office and completely remodernized inside; interior waiting room with curb seats, etc., use to be Ken's Lock no one else couldwapark; red 'in until about 2 years ago instigated the 15 minute parking; tore clown building in back and cleaned the whole building; last bus is at a cl d up; repa t nd eane and at this time people would have to outside. Irene Testerman, 655 Ma nolia Avenue, Beaumont, addressed the commission commenting t at: she was the one that initiated the petition; she, brother anY sarksrinwfront0 ofa 470 E. 6th St., which the bus com p an p they back when they first red curbed it about one year ago, painted all but about 10 feet of the front of her building; has lost tenants because of the fumes of the buses; visibility of her buildings is cut down by businesses have moved in and out on the corner on their own; suggested a new location for the bus depot across from Dick's V.W. Repair. Sall Hapster, 490 E. 6th St., Beaumont, addressed the commission commenting that s e has no objection to the bus station but does object to the buseledllastlweeklduelto a driveway at any time; p olice affic bus not only blockin he daskedatheudriverltolmoveohetrwould on 6th Street, Y not. Ron Mor an, 333 N. Palacedro, Diamond Bar, addressed the commission commenting: would li e to see what was there two years ago; needs, where their property starts to the corner of Beaumont Avenue to be red which would give them 100 feet. On motion by Comm issioner Schuelke to approve the application for business license with a c established and a parking lon at area be traffic route be f's determination after considering the designated per staf other property owners to the east of the buildiarking. relieve them of the infringement on their p r• Staff to notify in writing the bus company asking they inform their drivers of the traffic route direction, the parking designation; seconded by Commissioner Ingrao. It should be noted that it was agreed upon that the area from Magnolia to the new bus stop be painted green and from this point on to the end of 6th and Beaumont Avenue to be painted red for the bus area. _..,�� �nrPd. that one year review would be only ^ifYthere PC Meeting March 15, 1988 Page 6 NOES: ABSTAIN: ABSENT: Commissioner Remy. None. None. There being no further business before the meeting adjourned at 9:10 P.M. commission, the Respectfully submitted, 7� � mm��on Secretary Planning TRA14SCRIPT FOR PLANNING COMMISSION MEETING DATED MARCH 15, 1988 RE: RECONSIDERATION OF SIGN PERMIT NO. 87- SNP -13, VIOLATION OF TITLE 17, SECTION 17.60.015, LOCATED AT 950 WESTERN KNOLLS RD., ZONED C -G. APPLICANT, LOREN BISEL. Listed as Item No. 6 under Public Hearings on Agenda dated March 15, 1988. Ch. Burton: Section 117 .60.015, located Sign there? violationrof1Titlef17, Knolls Rd., Zoned C -G. Applicant, at 950 Western Can I have a staff report? is Loren Bisel. CDD Koules: Yes. On December 1st, o rthe tOev cominirecto o the p for City of Beaumont, uP a commission approved tohe look recommendation your 950 Western Knolls Road and billboard sign at December 22nd a building permit consequently, on billboard. Subsequently, the was issued for that in for a billboard - - same agent came Ch. Burton: Excuse me Steve, I don't think your mike is on - CDD I:oules: I uoneDecembero22nd forutheebillboard bui lding ing permit December 1st by your commission, the authorized on in representing Kunz & Co., for an agent came billboard 500 feet to the east of this additional billboard. That prompted some discussion at the to the counter and there was some disagreement as by right as was billboard being allowed by the applicant. Upon looking more represented I discovered after closely at the prior issuance, the city attorney about this in the talking to that that sign permit, the one we're in meantime, discussing tonight 87- SNP -13 was granted 17 that violation of Title 17, because Title says specifically allow outdoor the zone must - the C -G zone where this property is advertising located does not specifically call out that. Also from additionally, there is a 500 foot restriction the state highway or county highway. In any 25th, I even, on February 24th and again on the site with Paul Turner, Building field checked Inspector and we saw that no work had commenced on building the construction of the sign and on the the building permit there permit - on the face of that the building permit in order is a statement to stay valid cessation of work must start within 60 days of the issuance of that permit, applicant the registered letter was sent to his building permit was void and informing that thats contained in your package and directing him to contact the staff before considering a heard placement of the billboard. I have not the applicant during staff has not heard from the whole course of this. This afternoon - or this morning I should say, Paul Turner, the Building Inspector went out and took photographs of the billboard because we received a call Monday informing staff that the billboard was contructed over the weekend - now I canot aoweektandthalfnagoiandeit checked on. Ch. Burton: Now it is there? CDD Koules: is nat. amThis swas done photographs after the for you tohe look Transcript of PC Meeting 87- SNP -13 March 15, 1988 Page 2 registered letter had been received and the sign receipt was sent back to the City. The applicant was of course informed of tonight's agenda item and we have not heard from him. Unk. So what are you going to do? CDD Koules: Well, what we're doing is we're discussing this with Mr. Ryskamp - I discussed this with Mr. Ryskamp and with Mr. Bounds last night and we want to take action against the applicant. Moses Johnson may wish to speak to that. My opinion is that this is - we informed the applicant - I had several discussions with the attorney for the second - which we are not discussing tonight and since the applicant here also represented the second company which came in for another billboard - we issued them a letter denying their request. Com. Ingrao: Is this applicant not here tonight? Ch. Burton: Is the applicant here? Atty Johnson: The only thing that I would have to say at this point, seeing how the sign has been built, reconsideration of the sign permit at this time is probably moot - I mean there is not a whole lot that can be done - we are looking into the remedies the City can bring as far as having the sign removed at this point. Ch. Burton: Thats what I was going to suggest. CDD Koules: I might add to that, when this agenda item was prepared we did not know the sign - well the sign was not up - you know and again the first knowledge we had the sign being put up was Monday when someone called us and told us that it was put up over this past week -end. Ch. Burton: O.k. So this is just an informational item. CDD Koules: Yeah, it started out as that - its more than that now. Ch. Burton: O.k. So there is no action needed by us. O.k. Atty Johnson: There is no action needed at this point. CDD Koules: May I ask a question on that - is there any need to invalidate the action you took on December 1st. Com. Ingrao: If its expired why would you have to invalidate it? CDD Koules: Well the building permit expired not the sign permit - - CDD Koules: We're saying that the sign permit was issued in error. Com. Schuelke: The sign permit was issued what? Ch. Burton: In error. CDD Koules: In error. In error. But it came to your commission - normally it would not come to your Transcript of PC Meeting 87- SNP -13 March 15, 1988 Page 3 CDD Koules: Yes. Atty Johnson: They were notified - I'm not even sure if they were required to be notified cause the permit and the code both specifically state they only had 60 days assuming the permit was even valid. And once that 60 days past, then they could not build so - Ch. Burton: Well the chair will entertain a motion to rescind all action where is that - Atty Johnson: I don't know if we need to hold a public hearing on this first. CDD Koules: Well this is a public hearing, this was advertised Ch. Burton: commission but Valerie saw fit to bring to your CDD Koules: commission and you took an action on that. Now Atty Johnson: its a legal question that maybe Moses could speak to. I would sorta like to if its legally feasible and to void your action of December 1st. Atty Johnson: I think the commission could consider that - again have as a practical effect I don't think that will any effect but if the commission wants to reconsider its previous action it surely can do Com. Schuelke: SO. Com. Schuelke: I think it would be good to cover the areas that CDD Koules: we can. Atty Johnson: We, we - it might not hurt cause we are afraid has this may end up in court now that the sign Com. Schuelke: gone up - I assume a substantial amount of money CDD Koules: has spent to - Ch. Burton: But they were notified not to put it up right? CDD Koules: Yes. Atty Johnson: They were notified - I'm not even sure if they were required to be notified cause the permit and the code both specifically state they only had 60 days assuming the permit was even valid. And once that 60 days past, then they could not build so - Ch. Burton: Well the chair will entertain a motion to rescind all action where is that - Atty Johnson: I don't know if we need to hold a public hearing on this first. CDD Koules: Well this is a public hearing, this was advertised Ch. Burton: we advertised it. CDD Koules: Advertised as a public hearing. Atty Johnson: What I was trying to say is if I don't know if you have opened this up for a public hearing yet or not. Ch. Burton: No we haven't. We'll open the public hearing at 7:54 P.M., and ask for any proponents other than what we've heard. Do we have any proponents. Com. Schuelke: The applicants were notified of tonights public hearing. CDD Koules: Yes commissioner, I think that is included in your packet but if you will give me 'a second I will look at the information here. Com. Schuelke: Oh that is alright I read that. CDD Koules: They were notified of this public hearing and again it was treated like a regular public hearing and noticed. Com. Schuelke: Thank you. Transcript of PC Meeting 87- SNP -13 March 15, 1988 Page 4 Ch. Burton: Do we have any opponents? O.k. If not, we'll close the public hearing at 7:55 P.M. Now who wanted to ask a question? Com. Ingrao: I did. Ch. Burton: O.k. Com. Ingrao: This is the second time since I've been on the commission that the question has come up about us voting on something, approving something that is against Title 17. The fact that we approved it - if it is still against Title 17, I would think invalidates that approval - of any action on our part. Atty Johnson: Normally I would agree with you. I don't think it is going to hurt anything if the commission wants to vote on a reconsideration though to make it clear that the commission recognizes now the mistake was made and they want to make it definitely clear that it was a mistake and it was a void action. Ch. Burton: O.k. The Chair will entertain that motion. Com. Remy: O.k. I move - - Com. Schuelke: I'll make the motion - go ahead, go ahead Ethel. Com. Remy: I move that we rescind our action taken in connection with 87- SNP -13 on - what date was that? Ch. Burton: December 1st. Com. Remy: December 1st since this was approved in error - we now found out - - Ch. Burton: We have a motion to rescind all action on December 1, 1987 regarding 87- SNP -13. Com. Schuelke: I would request that we clarify just a little further as to what the error was - just for the record along with the motion that the commission feels that - - Ch. Burton: First lets - I've got a motion on the floor. Com. Schuelke: Right. Ch. Burton: Do you want to add to it? Com. Schuelke: No I'm not adding to the motion I'm just making a request that may be this be added to her motion if she wishes that it-be clarified a little. Ch. Burton: Do you want to clarify it Ethel ?' Com. Remy: Well she can add to it if she wants - Com. Remy: I Yes. Go ahead. Com. Schuelke: May be staff could may be clarify it a little the better in better words for us as to what was actual error regarding its non - conformance to Title 17. May be the Planning Director at that time didn't feel it necessary to check into Title 4 Transcript of PC Meeting 37- SNP -13 March 15, 1988 Page 5 17 and - the only reason you checked further into Title 17 Mr. Koules was due to the - from what I read here in the packet you decided to look into Title 17 a little further - somewhere it stated that, due to his insistence on his matter of right - correct CDD Koules: Yes. Com. Schuelke: And therefore you checked a little closer into been Title 17 and found this shouldn't have allowed in the first place due to the commercial zone there. CDD Koules: Thats correct - and in the report to your I verbatim the sections of Title commission quoted 17 of the standards which we believe receipt (inaudible) violates and so you might wish to - in your motion you might wish to state the Section which is 17 - Com. Schuelke: In verbatim as you stated in your staff report. CDD Fcoules: If that is your wish. Com. Schuelke: And I'll second Ethel's motion. Ch. Burton: O.k., now we have a motion to rescind all action on 87- SNP -13 on December 1, 1987 because of - its in violation of Section 17.60.015 of Title 17. CDD Koules: A -1, and A -2(a). Ch. Burton: A -1, and A -2(a). O.k. Does that cover it for you. Com. Schuelke: Thats beautiful. Ch. Burton: May we have roll call please. Secretary: Commissioner Bruner. Com. Bruner: Yes. Secretary: Commissioner Schuelke. Com. Schuelke: Yes. Secretary: Commissioner Ingrao. Com. Ingrao: Yes. Secretary: Commissioner Remy. Com. Remy: Yes. Secretary: And Chairperson Burton. Ch. Burton: Yes. END OF VERBATIM TRANSCRIPT. i l BEAUMONT PLANNING COMMISSION MINUTES OF APRIL 5, 1988 The Planning Commission met in a Regular Planning Commission Meeting on Tuesday, April 5, 1988, in the City Council Chambers with Acting Chairperson Remy presiding: Meeting was called to Order at 7:06 P.M. On Roll Call, the following commissioners were present: Commissioners Bruner, Schuelke, and Acting Chairperson Remy. Chairperson Burton and Commissioner Ingrao were absent. Attorney Ryskamp and Johnson were present. Affidavit of Posting was read. The Pledge of Allegiance to the Flag was observed. 1. Approval of Minutes for the Regular Planning Commission Meeting of March 15, 1988. Minutes stand as submitted. 2. Oral Communication: CDD Koules read Commissioner Ingrao's letter of resignation which is to take effect immediately. Commissioner Schuelke asked about the Poultry Plant Operation on "B" Street in the 500 Block, wanting to know if it had been finalized with CDD Koules commenting that he would check, on this operation and report back to the commission. Acting Chairperson Remy noted that a letter be sent to Commissioner Ingrao thanking him for his service and asked staff to draft a letter. 3. Director's Report: CDD Koules informed the Commission that the City Council adopted the new Fee Schedule on March 28, 1988 to become effective June 1, 1988, and that the City now utilizes the Uniform Building Code for 1985. CON'T PUBLIC HEARING: 4. An Ordinance of the City of Beaumont repealing Chapter 17.90 and Section 17.14.005 of the Beaumont Municipal Code and adding Chapter 17.90, Sections 17.12.170 through 17.12.200 and Section 17.14.005, dealing with Zoning Amendments, Change of Zone and General Plans. Acting Chairperson Remy opened the public hearing at 7:15 P.M., asking for proponents /opponents from the audience wishing to speak, there being none, she then closed the public hearing at 7:16 P.M., turning the matter back to the commission for discussion. PC Minutes of April 5, 1988 Page 2 Sections 17.12.170 through 17.12.200 and Section 17.14.005, dealing with Zoning Amendments, Change of Zone and General Plans and amended corrections/changes incorporated rtheYein. Motion carried unanimously with the following vote: AYES: Commissioners Bruner, Schuelke and Acting Chairperson Remy. NOES: None. ABSTAIN: None. ABSENT: Chairperson Burton. SCHEDULED MATTERS: 5. Letter from Attorney Held appealing Sign Permit No. 88 -SNP- 1, located at 910 W. Highway 60, which said application was denied by staff. Applicant, Loren Bisel. Attorney Ryskamp informed the commission that due to the fact that Attorney held did not get his 10 day written notice (although his office was given verbal noticcenaaboute13 days before); 10 days prior to the meeting, y requested that they be given the full time and asked that this matter be continued until the meeting of the 19th. On motion by Commissioner Bruner, seconded by Commissioner Schuelke to continue this item to the next Regular Planning Commission Meeting of April 19, 1988- Motion carried unanimously with the following roll call vote: AYES: Commissioners Bruner, Schuelke and Acting Chairperson Remy. NOES: None. ABSTAIN: None. ABSENT: Chairperson Burton. 6. 86- PP -14, Continued extension for one year 6Y Cougar Mountain Apartments from March 5, 1989. CDD Koules informed the commission that this item was before them at the last meeting; however, there was some questions as to the progress of this project before extending the plot plan approval for another year. The applicant was informed of the concerns and is to update the commission of the progress being made. At the last meeting staff recommended an extension for one year and this recommendation still stands. Mr. Michael Sla le, Certified Pro erties, 4260 Central Riverside, addressed the commission asking i there were any ques— t ons by the commission. Commissioner Schuelke noted that the commission thhadstasked -- rho rhanaes pertaining PC Minutes of April 5, 1988 Page 3 proposed street and one parcel which is twice the size of the two on the east side with Commissioner Schuelke commenting "are you saying you have three parcels" with Mr. Slagle saying there are 3 parcels, the property has been subdivided." Commissioner Schuelke then stated that she thought it had been subdivided into two parcels with Mr. Slagle commenting that it had been split into 3. Mr. Slagle further noted the following: 1. Phase II would be adjacent to Palm Avenue; 2. Phase I would be the half of side 1 which is adjacent to the high school; 3. Phase III would be twice the size of Phase I and II (showing on map); 4. Phase I and II have been approved; however, there is a question as to the width of the street which affected the size of the 2nd parcel and 4 units were delineated from the parcel to the west of the street; 5. All plans have been approved; 6. New plans do show the street - believes it to be Palm Avenue; 7. Wanted to know if he should send staff a new revised set of plans. Commissioner Schuelke asked Mr. Slagle if he remembered coming before the commission for a waiver of a parcel map for finance purposes with Mr. Slagle commenting that he did not recall being at that meeting since there has been a variety of people working on his project and further commenting that whatever conditions of approval that have been granted up to this point, they're requesting an extension on - not requesting any additions nor deletions. Commissioner Schuelke commented that what the commission had requested was that you (Mr. Slagle) submit an improvement plan on how you intended to improve Palm Avenue. Attorney Ryskamp noted that the applicant had submitted the appropriate dedication for Palm Avenue and received a Certificate of Compliance. There is a Palm Avenue Alignment Plan. Commissioner Schuelke commented that since there is so much development in this area and Palm Avenue is now being re- aligned to be extended through, there should be some procedure - planning as to what Palm Avenue is suppose to look like when all of these developments come through - should be uniform with landscaping, sidewalks and fencing - all consistent from 14th Street on to Cougar Way. CDD Koules suggested that applicant to have his engineer their concerns and then it be the commission direct the prepare something to satisfy reviewed by the City Engineer. / PC Minutes of April 5, 1988 Page 4 On motion by Commissioner Schuelke, to continue the request for the extension to the next Regular Planning commission Meeting of April 19, 1988, subject to staff presenting to the commission the outcome of the meeting between the two engineers, Mr. Slagle and CDD Koules. Also have the City Engineer design what he envisions Palm Avenue to look like from 14th Street to Cougar Avenue; seconded by Commissioner Bruner. Motion carried unanimously with the following roll call vote: AYES: Commissioners Brune Schuelke and Acting Chairperson aebov&k NOES: None. ABSTAIN: None. ABSENT: Chairperson Burton. Attorney Ryskamp stated that he recalls very well when the realignment came up and the adoption of the precise alignment. There are no requirements set forth relative to landscaping, height of walls or anything like that. CDD Koules noted that if we look at the requirements comprehensively more time is needed. Attorney Ryskamp noted that something similar to what was adopted for Beaumont Avenue would be appropriate. Commissioner Schuelke again asked that staff look into the wood fence that is being built on the project that is being constructed and bring the information back to the next meeting. 7. 88- MPP -2, Greyhound Bus. Owner's objection to striping requirements. Applicant, James Jeffrey. CDD Koules commented that at the last meeting there was an agreement for a red strip to be painted for 100 feet from the new location of the bus terminal to Beaumont Avenue which was a proposal by the applicant Mr. Morgan. Subsequent, to that hearing, the property owner Jim Jeffrey indicated that they reconsidered their willingness to do that and we have a letter from Mr. Jeffrey to that effect. In the meantime, Police Chief Funston has been talking to some of the bus drivers and has come up with a solution to the bus terminal depot. Police Chief Funston, addressed the commission stating that he had prepared a proposal in the form of a speed memo recommending the following for the bus terminal: 1. Restrict bus loading to east /west alley north of 400 E. 6th Street; 7. Remnve all commuter bus parking 400 - 500 E. 6th Street V PC Minutes of April 5, 1988 Page 5 C. Creates a traffic flow for traffic on 6th Street; d. Alley is sufficient width - can park two or three buses back to back as well as the traffic flow in the alley; e. 3 bus drivers have indicated that they would not have difficulty parking in the alley way; f. Not a difficult time making the turns into the alley way or getting out even considering the large truck traffic in the alley way; g. Alleviates their problem of crossing 4 lanes of traffic; h. Doesn't feel it is necessary to make the alley one way; i. Other alternative is to re- locate the bus terminal. Attorney Ryskamp commented that the commission should respond to the objection of the striping requirements by recommending that the striping requirements be included by the City Council in conformance with the plan imposed by the Chief of Police, with Commissioner Schuelke stating "so moved." William W. Blair, 460 E. 6th St., addressed the commission commenting that he was t e owner of the appliance store and that his trucks are there about 508 of the day either unloading or loading - feels there might be a problem. Irene Testerman, 655 Ma nolia Avenue, Beaumont, addressed the commission commenting that she fe t this was a marvelous suggestion; however a temporary solution since this is the main intersection of Beaumont and a bus company has no business being on a main intersection where people first see Beaumont; people sleeping in Grey's Ice Cream Building which is in the process of being boarded up. Lots of other problems other than traffic hazard. Dick Harpster, addressed the commission commenting that he owns the Auto Repair Shop and would like to see the bus depot stay open until 6:30 p.m., since he has trouble with people urinating on the wall and outside the garage. Acting Chairperson Remy commented about the motion with Commissioner Schuelke stating her motion still stands. Attorney Ryskamp noted that the conditions of the last meeting have not been affected at all and that the motion is to modify the striping conditions to conform with the Chief of Police's recommendation and to allow and recommend that those stripings be adopted by the City Council; seconded by Commissioner Bruner. Motion carried unanimously with the following roll call vote: AYES: Commissioner Bruner, Schuelke and Acting Chairperson Remy. NOES: None. %y PC Minutes of April 5, 1988 Page 6 Attorney Ryskamp suggested that he be directed to give a revised version of the memo dated December 1985, and you will have a clear cut written statement of how it is being interpreted and enforced. It was the consensus of the continued to the next Regular April 19, 1988. commission that this item be Planning Commission Meeting of There being no further business before the commission, the meeting adjourned at 8:58 P.M. Respectfully submitted, piann MZ on-14retary BEAUMONT PLANNING COMMISSION MINUTES OF APRIL 19, 1988 The Planning Commission met in a Regular Planning Commission I:eeting on Tuesday, April 19, 1988, in the City Council Chambers with Chairperson Burton presiding: f±eeting was called to Order at 7:00 P.M. On Roll Call, the following commissioners were present: Commissioners Bruner, Remy and Chairperson Burton. Commissioner Schuelke arrived shortly thereafter. Attorney Ryskamp and Johnson were present. Affidavit of Posting was read. The Pledge of Allegiance to the Flag was observed. 1. Approval of Minutes for the Regular Planning Commission Meeting of April 5, 1988, were approved as submitted with the following correction: Page 4 - First Roll Call vote, should read "Acting Chairperson Remy" not "Acting Chairperson Schuelke." 2. Oral Communication: None. 3. Director's Report: CDD Koules informed the commission that a letter had been prepared for their signatures recognizing Commissioner Ingrao's service to the commission. Also, May 13, 1988, is the last day for the filing of any interested citizen that might want to serve on the commission and May 23, 1988 would be the selection date. :ic further informed the commission that he had field checked the Poultry Operation (formerly Beaumont Operation) located at 550 "B" Street and noticed there were 2 truck loads of live chickens on the property. He reported this to the Police Department and they informed him that in the past they had had problems with this site being used for the washing of trucks. In checking with the Beaumont - Cherry Valley Water Dist., Mr. Butcher commented that as of last November, the operation had been using 6000 gallons of water daily so there is activity on the site; however, when in full operation a couple of years ago, they used 300,000 gallons of water per day. CDD Koules commented that he would check further and report back to the commission at the next meeting. PUBLIC HEARINGS: 4. 88 -GP -2, 88 -RZ -2 and 88 -ND -3, request to change the General PC Minutes of ;,pril 19, 1988 Page 2 nromote the commercial development in a highly visable area from the freeway. The commission asked Mr. Koules if it would be feasible while re- zoning these parcels, if the other portion of this area be re -zoned with CDD Koules commenting that it would have to be noticed in the paper. Chairperson Burton then opened the public hearing at 7:15 P.M., asking for proponents /opponents from the audience wishing to speak. Frank Montesinos, 103 1/2 Ave., Del Mar, San Clemente, Ca., addressed the commission commenting t at he agrees with the staff report and would be happy to answer any questions. There being no one else wishing to speak, Chairperson Burton then closed the public hearing at 7:16 P.M., turning the matter back to the commission. On motion by Commissioner Schuelke, recommending approval by City Council of 88 -GP -2, 88 -RZ -2, also the Commission finds that adoption of Negative Declaration 88 -ND -3 will not have a significant effect on the environment and recommends approval by the City Council; second by Commissioner Bruner. Motion carried unanimously with the following roll call vote: AYES: Commissioners Bruner, Schuelke, Remy and Chairperson Burton. NOES: None. APSE ":T: None. ABSTAIN: None. 5. An Ordinance of the City Council of the City of Beaumont repealing Chapter 17.14 of the Beaumont Municipal Code and adding Chapter 17.14, dealing with General and Specific Plans. Applicant, City of Beaumont. Attorney Ryskamp noted that since the material relating to this matter was delivered to the commissioners at the meeting, it might be advisable to continue this over to the next Regular Planning Commission Meeting of May 3, 1988. Chairperson Burton then opened the public hearing at 7:24 P.m., 'continuing this public hearing to the next Regular Planning Commission Meeting of May 3, 1988. 6. 87- Ti•1 -8, Am. #2 (Tr. 23161) & 88 -ND -2, for a revised proposed project consisting of 183 lots for single family homes, located north of 14th Street and west of Cherry Avenue. Applicant, WDS Development, Inc. CDD Y,oules presented the staff report commenting that the ___,<___' ti�A t,;s Dian for 183 single family PC Minutes of April 19, 1988 Page 3 6) Precise Alignment; 7) cul -de -sac. Chairperson Burton then opened the public hearing at 8:06 P.M., asking for proponents /opponents from the audience wishing to speak. Mr. Gerald Ronnebeck, 214 S. Euclid, Suite 108 Ontario, addressed the commission commenting: no landscaping between the curb and the wall in order to cut down on the maintenance and landscaping cost; 6' sidewalk; curb within the 6' sidewalk; from curb face to the right of way will be 5'; if you require more landscaping for Palm Avenue, then by all reason you should allow frontage onto Palm Avenue; if it is a thoroughfare you wouldn't want people backing out of their driveways into a 45 or 50 mile an hour street; can cut down the size of the sidewalk, and put in landscaping next to the walls. Commissioner Schuelke then asked if there was a standard within the ordinance for the required sidewalks with CDD Icoules commenting that he thought the practice for the width of a sidewalk is 6' as per City Engineer. Attorney Ryskamp noted that the City Council did adopt the Alignment Plan and most of City Council's discussion was dealing with traffic flow. They (Council) eliminated Orange, Michigan Avenues and turned Palm Avenue into the,, major thoroughfare to carry traffic flow north through this area. Commissioner Schuelke commented that she had taken it for granted that Palm Avenue was going to be continued as a 120'width street not 921width with Attorney Ryskamp commenting that Mr. Dotson drafted and planned the plan and the emphasis was on traffic flow; however, aesthetics needs to be looked at as well. Chairperson Burton then opened the public hearing at 8:06 P.M., asking for proponents /opponents wishing to speak from the audience. Jose h Mulle , Vice President, WDS Develo ment, 5206 Benito, cAontclair, Ca. addresse the commission commenting that: instead o a straight wall (grant of an easement) can be indented in a decorative way and the area that backs up to Palm Avenue can be planted and this would give the commission the landscaping that is required and also break the channel effect; can beautify the street and still allow Palm Avenue to remain the same size that it is; fence would not come all the way out to the sidewalk making the maintenance easier; would like this evening to achieve full approval subject to conditions. PC Minutes of April 19, 1988 Page 4 the cul -de -sac, noting that the City Engineer felt it was in the City's best interest just to let it lie for now and later on address this issue. CDD Koules commented that he would check with the property owner of the cul -de- sac to see if they wanted to do their improvements when this comes back to the commission for landscaping approval. CDD Koules commented that a condition should be added to the effect that applicant shall prepare a landscape plan to include "saw tooth" proposal along Palm Avenue for review and approval by the Planning Commission and lighting plan along Palm Avenue and along 14th Street as well. On motion by Commissioner Bruner recommending approval by City Council as submitted and that developer submit a landscape plan for Palm Avenue, Fourteenth Street, and the cul -de -sac as well as a lighting plan, also Planning Commission finds that adoption of Negative Declaration 88- ND-3 will not have a significant effect on the environment and recommends approval by the City Council; seconded by Commissioner Schuelke. Motion carried unanimously with the following roll call vote: AYES: Commissioners Bruner, Schuelke, Remy and Chairperson Burton. NOES: None. ABSTAIN: None. ABSENT: None. SCHEDULED MATTER: 7. Letter from Attorney Held appealing Sign Permit No. 88 -SNP- 1, located at 910 W. Highway 60, which said application was denied by staff. Matter continued from April 5, 1988 to April 19, 1988. Applicant Kunz & Co. CDD Koules commented that there was no staff report, it is an appeal for a decision to deny an outdoor advertising billboard and Attorney Ryskamp has responded to the commission with response to the attorney's letter. Attorney Johnson commented that he assumed all the commission had read his memorandum and asked if there were any questions. Attorney Ryskamp commented that the applicant would like an opportunity to speak. Our recommendation was to sustain the decision of the Community Development Director. Tom Flanagan, representing Kunz & Co., 1831 Commercenter E., San Bernardino, addressed the commission stating his objections and reasons why he should be allowed to construct a billboard sign at 910 W. highway 60. He also wanted it read into the record that the application meets the PC minutes of April 19, 1988 Page 5 states that it has to be authorized in the zone and our C -G zone does not authorize it. On motion by Commissioner Bruner to deny the appeal for Sign Permit No. 88- SNP -1, located at 910 W. Highway 60; seconded by Commissioner Remy. Motion carried unanimously with the following roll call vote: AYES: Commissioners Bruner, Schuelke, Remy and Chairperson Burton. NOES: None. ABSTAIN: None. ABSENT: None. 8. 86- PP -14, continued hearing for one year extension of plot plan, requested by Cougar Mountain Apartments from March 5, 1988 to March 6, 1989. Applicant, Michael M. Slagle. CDD Koules reported that this was heard at the last meeting of April 5, 1988. His first contact by Mr. Slagle was on April 12th when called about a different matter and the following day a Mr. Ed Adkison called about 5:15 P.M., and was referred to the City Engineer. He further commented that he (Koules) had spoken to Jim Dotson and there seemed to be some questions. The grading plans have been signed off by the City Engineer and the right of way has been acquired but there has been no landscape plans. He further noted that he has no recommendation and his previous recommendation is withdrawn. Mr. Michael Slagle, addressed the commission commenting that Fe brought wit him this evening Mr. Ed Adkison who is their engineer and he will be able to answer any questions that the commission might have regarding this project. Ed Adkison, 6830 Airport Dr., Riverside, addressed the commission representing th applicant stating that he talked to Jim Dotson and Mr. Dotson felt the commission was concerned about the aesthetics of the project in regards to the Precise Alignment of Palm Avenue; has complied with the Precise Alignment; plot plan has been approved; 25' building setback; not proposing to put a block wall on the rear of the 6'walkway which is going to be landscaped; applicant is willing to go ahead and comply with the same conditions as conditioned with the previous tract to the south; will bring in landscape plans and let the commission condition them; would be willing to grant an easement for landscaping if needed; willing to have a condition that the landscaping plan would be reviewed by the commission prior to the issuance of a building permit. Chairperson Burton explained that their main concern before granting the extension is to see an update on the project because at the, time of approval, Palm Avenue was not a PC Minutes of April 19, 1988 Page 6 because the precise alignment was still being determined. When Council comes up with the precise alignment, then we would proceed and start from the east right of way line and take whatever distance is needed and then design the second phase around the width of Palm Avenue. When the Precise Alignment was adopted by Council, we completed the street improvement plans in accordance with the Precise Alignment - those plans are signed off by the City Engineer and are ready for construction. Commissioner Schuelke' noted that they are asking for an extension of the very first one (Phase I). At that time we requested that prior to a permit being issued, the amended plot plan for Phase 1 be brought back to the commission showing Palm Avenue coming through. Michael Slagle, noted it was his understanding that the plot plan is approved and it has also been extended. He commented that they requested an extension of the plot plan last year when it expired at a different date from the date of the working drawings - have a plot plan and a working drawing. The plot plan is alive, the engineering for the street improvement is alive, what has expired is the architectural drawings for the buildings themselves - this is the only portion of the project that needs an extension. Commission noted that says with CDD Koules should be clarified. that was not what the staff report concuring. Mr. Slagle felt this Michael Slagle further commented that they were not here to extend the plot plan, it is alive - we're not asking for a building permit extension, we're asking for an archectitural extension. CDD Koules noted that the plot plan that he has was approved by the Planning Commission Meeting of October 7, 1986 and one of the conditions says this project shall commence development within 12 months from approval of planning commission. When this came to CDD Koules, it came as an extension of the plot plan approval of 86 -PP -14 which is why it is before the commission. Michael Slagle_ asked if he requested an extension of the plans or did he ask for an extension of the plot plan with Attorney Ryskamp commenting an extension of the approved plans. i4ichael Slagle commenting the approved plans - not the plot plan and the approved plans which he is referring is the architectural plans for the project. Further, 86 -PP -14 is alive according to a letter he has from the City Council - it has been extended for one year. PC [minutes of April 19, 1988 Page 7 CDD Koules then asked if we are going back and saying that you wanted an extension of the building permit with Mr. Slagle stating "yes" they wanted an extension of the approval of the building plans which are ordinarily granted when the plot plan is extended. (Slagle) we do not have a building permit, we need an extension of the architectural plans. CDD Koules commented that he didn't feel it was necessary unless it is a condition of the plot plan approval. CDD Koules has the conditions of approval dated October 7, 1986 and that was continued for another year. Mr. Koules wanted to know if there were any conditions within the conditions of approval that required Mr. Slagle to come in and get an extension of the development plans for the architectural drawings. Michael Slagle commented that he could not answer that question, that he relies on what his professional people advise him to do with Mr. Adkison commenting that he didn't have any correspondence, but he did note that the improvement plans are signed May of 87. CDD Koules then noted that he thought the improvement plans were still good as long as the plot plan is still active with Attorney Rsykamp commenting that he didn't think there was any reason for Mr. Slagle and Mr. Adkison to be here as long as their plot plan is alive. However, (Ryskamp still speaking) that what he is hearing from the commission is that prior to the expiration of the extension which was granted in September and runs through October 6, 1988, that there should be plans submitted which show the proper width of Palm Avenue. Chairperson Burton commented that she voted yes on this project because she was told that when the alignment was decided, then a revised plot plan would be brought back. Attorney Ryskamp noted that if this is the requirement that we are looking at, then Mr. Koules needs to advise the applicants that before they proceed, they are to submit a revised plot plan for both phases and this would be the City's position and informing Mr. Slagle and Mr. Adkison that they had .requested something they didn't need. Mr. Adkison then commented "so this is a matter of record now ". 9. Legal interpretation /clarification of Section 17.60.115 (e) of Title 17 (Vehicular Signs) requested by Commissioner Remy. Attorney Ryskamp requested that this item be continued to the next Regular Planning Commission Meeting of May 3, 1988 in order to give him an opportunity to write a legal interpretation. BEAUMONT PLANNING COMMISSION MINUTES OF MAY 3, 1988 The Planning Commission met in a Regular Planning Commission Meeting on Tuesday, May 3, 1988, in the City Council Chambers with Chairperson Burton presiding: Dlecting was called to Order at 7:07 P.M. On Roll Call, the following commissioners were present: Commissioners Bruner, Remy and Chairperson Burton. Conunissioner Cichuelke arrived shortly thereafter. Attorney Ryskamp was present. Affidavit of Posting was read. The Pledge of Allegiance to the Flag was observed. 1. Minutes for the Regular Planning Commission Meeting of April 19, 1988, were approved as submitted. 2. Oral Communication: None. 3. Director's Report: CDD Koules informed the Commission that on this date (5/3/88), Paul Turner, the Building Inspector for the Citv of Beaumont, went to the Poultry Plant and saw no evidence of any operation taking place. 4. An Ordinance of the City of Beaumont repealing Chapter 17.14 of the Beaumont Municipal Code and adding Chapter 17.14, dealing with General and Specific Plans. Applicant, City of Beaumont. After discussion, it was decided that this matter be continued to the Regular Planning Commission Meeting of June 7, 1988, in order to give CDD Koules an opportunity to review and give the commission feedback as to his thoughts and wording for Chapter 17.14 Specific Plans. F. Legal interpretation /clarification of Section 17.60.115 (e) of Title 17 (vehicle Signs) requested by Commissioner Remy. Attorney Ryskamp hand delivered a written legal interpretation in the form of a memo dated 4/27/88 to the commission (attached), pursuant to Commissioner Remy's concern of citations being given for "for sale" signs in vehicles while parked in a quasi- public parking lots. She wanted to know what constitutes a non - moving sign display since customers with a "for sale" sign in the window of their vehicle were bring cited. After discussion, it was recommended by Attorney Ryskamp A; ­. A ..,i i-h i-ha ri tv Manaaer MEMORANDUM TO: PLANNING COMMISSION FROM: CITY ATTORNEY DATE: April 27, 1988 RE: Signs The question of signs in the City of Beaumont has again reared its ugly head. Again the question that has arisen deals with Beaumont Municipal Code Section 17.60.115e. This provision in the Off -Site Directional and Informational Signs Section reads as follows: "vehicular signs restricted. It shall be unlawful for any person to maintain any vehicle on a street or on private or public property as a non - moving sign display. Commercial and business vehicles including buses, taxis, trucks, and the like moving through City streets shall be exempted from this provision." As we look at this Section the key issue is the concept of maintenance of a vehicle as a non - moving sign display. Any situation involving a sign on a vehicle or on a trailer has to be evaluated in terms of the purpose for the vehicle being parked where it is. If its purpose for being parked is as a sign display, then it would be in violation of this Ordinance. If the purpose of the vehicle being parked is to allow the owner to conduct business at a reasonable hour and for a reasonable amount of time, then the vehicle bearing the sign would not be in violation of the law. In utilizing this purpose test the officers must be prudent in its application, including trying to ascertain the owner or driver of the vehicle and determining the purpose for having the vehicle in the area. If no owner or driver can be located after a reasonable time, a citation should be issued. The police do have a duty to enforce Title 17 of the Municipal Code as set forth in Section 17.100.005. Further, the officers have two means of enforcement. First, and slower, they have the right to declare the item a public nuisance (see 17.100.015) and contact our office to initiate removal or abatement procedures. It is clear that the penalty for violation of the Ordinance (a misdemeanor) is punishable by a fine not in excess of $500.00 and /or up to six months in the County Jail. The second legal procedure open to the officers in this situation would be the exercise of the power to arrest for creation of a -1- public nuisance under Penal Code Section 370, 371, 372, and 373a. Considering the rather temporary nature of vehicular violations in terms of duration, it would seem that this public nuisance approach would be the better procedure. As with other Sign Ordinance violations, we recommend the police officer or other responsible City officer issue a citation both for violation of the Penal Code for public nuisance and for violation of Municipal Code Section 17.60.115. when one considers the action to be taken for enforcement of this statute when there is a violation, one must also consider whether the vehicle is displayed on private property, on quasi - public property such as shopping center parking lots where there may be issues of traffic control or congestion, and lastly on public property or the public right -of -way. Public streets are the easiest as a direct citation is always appropriate if a violation has occurred. In dealing with private property and quasi- public property we would feel it necessary to exercise more caution. The concern here is not only the language of the Ordinance but the potential for infringement of the constitutional right to the use of property and freedom of speech. On quasi - public property, that is, private property that is open to the public and used generally by the public and in particular for vehicular traffic, if it is ascertained that the sign is in such a position that it could interfere with traffic flow or otherwise endanger residents of the City, then the procedure outline above should be followed. If that determination is not made by the officer, then the officer should determine if the owner of the property has given specific permission for the presence of the sign. If permission has been granted then the sign should be treated as would any other sign on private property, and it should be evaluated in terms of the violation of other provisions in Title 171 perhaps by referral to the Community Development Department. It is very important that care be taken in this area as we may have constitutional problems in enforcing Title 17, especially as it applies to political signs. Therefore, in dealing with signs on private property where there is no clear danger to the public or interference with the basic police powers of this City, it is important no hasty action be taken. The previous interpretations and directions given by this office concerning the use of the public right -of -way and encroachment thereon still apply. For vehicles parking for extended periods on the public right -of -way we have recommended enforcement of Municipal Code Section 12.12.040, where it is necessary that an individual encroaching on the City's right -of -way have a permit. The City official can then determine under the standard criteria for encroachments, without review of the content of the encroachment (this is constitutionally important) if a sign permit should be given for encroachment on the public right -of -way. If the individual does not obtain a permit or is unable to do so and the encroaching sign remains, having been given a reasonable time (in this case probably at least three days in which City offices are open) to correct the -2- situation, a citation should be issued and enforcement be carried out as a violation of the Municipal Code. If there are any further questions, as I fully expect there will be, please contact the undersigned. M-Z BEAUMONT PLANNING COMMISSION MINUTES OF JUNE 21, 1988 The Planning Commission met in a Regular Planning Commission :;eeting on Tuesday, June 21, 1988, in the City Council Chambers with chairperson Burton presiding: by ar Jim VS. ainaandewelcomed by fellow Commissioner sworn in as fellow commissiionersand planningystaff. Keoting was called to Order at 7:02 P.M. On poll Call, the following commissioners were present: Commissioners Bruner, Schuelke, Fries, Remy and Chairperson Dorton. Attorney Ryskamp and Johnson were present. Affidavit of Posting was read. The Pledge of Allegiance to the Flag was observed. 1. ninutes for the Regular Planning Commission Meeting of May 3, 1988, were approved as submitted. 2. oral Communication: None. 3 Director's Report: CDD Koules explained the Specific Planning Area Zone which should be included in the Ordinance dealing with General and Specific Plans. He commented that at the present time, there is nothing in the Ordinance that would implement the Specific Plan; thus, the reason for Chapter 17.36 being brought before the Commission for discussion purposes. COW 1' PUBLIC HEARING: q, An Ordinance of the City of Beaumont repealing Chapter 17.14 of the Beaumont Municpal Code and adding � Chapter C y 17 14, dealing with General and Specific Plans. Apt Of Beaumont. Attorney Ryskamp explained the changes made pertaining to this Ordinance, commenting that it now provides better flexibility and compliance for the areas that are currently designated with the PUD designation. chairperson Burton then asked if anyone wanted to speak pertaining to this matter and there being none, she then closed the public hearing at 7:08 P.M., turning the matter hacl to the commission for discussion. on notion by Commissioner Schuelke, seconded by Commissioner. -- ..<.-•, r.,.,nr•i 1 of the Minutes of PC Meeting ,7une 21, 1988 Page 2 i)UisLIC 11EARING: 5, 87- PI °1 -9, (Tr. 23144), to divide property yainto 4illiamsparcels, located at 650 E. 1st Street. Applicant, CDD Koules presented the staff report commenting that the applicant had requested a parcel map waiver; however, a waiver should have a basis for it, (e.g., if there are conditions that are unreasonable or impossible to comply with). The City Engineer felt there should be a dedication of 4' of additional right -of -way along First Street and this was the reason for staff's recommendation this be done through a final parcel map rather than a separate instrument. Further, a waiver of a parcel map would cause more work moth on the City Engineer and on the City's part. ';r. "r:oules further noted he would like to make a practice of not granting waivers of maps unless there are some very good reasons. Chairperson Burton then opened the public hearing at 7:20 p.m., asking for proponents /opponents from the audience wishing to sneak. r'r. Jack Williams, 650 E. 1st., and 652 E. 1st., Beaumont, anc ?ressed the commission stating he is trying to divide an acre into 2 lots and each lot has its own individual utilities. mir. Dave Sumner, Sanborn & Webb Engineering, 930 Beaumont Avenue., Beaumont, addressed the commission explaining that one of the complications for this parcel map was the County vacated the property in 1893 and in so doing vacated all streets and all property lines which was not converted to acreage wiping out all division of land (it was not recorded until 1940). The City Engineer's position is that since everything was vacated you can't have a little hit of vacation of street and not a vacation of property. In this case however, the client obtained 4 of the lots through a legal description prior to the Subdivision Map Act of 1972 and since it was done prior to the Map Act the recording of a parcel map was not required. Mr. Sumner felt that a final map is not necessary since there are recorded monuments showing the boundary of the property and commented that the only problem is the 4' dedication that can be handled with a legal description much cheaper and quicker than a final parcel map. Chairperson Burton asked if there had been a boundary survey clone on this property with Mr. Sumner. stating "yes" they had done 3 of the points and had surveyed it but did not monument the division. Also, Mr. Sumner commented that originally in 1893 it was 4 lots and merged into 1 through a legal survey. speak, Chairperson Burton Minutes of PC meeting June 21, 1988 Page 3 ;,ayles had monumented the corners as indicated in the map and does agree with them. Commissioner Pries commented that she understood that the 4 monuments weren't there, with Mr.. Gunner statinq they had found 3. Thc_o. being no one else wishing to speak, Chairperson Burton Chen closed the public hearing at 7:29 P.M., turning the :;lat-ter back to the commission for discussion. On motion by Commissioner Bruner, seconded by Commissioner Fries, to recommend approval by City Council of 87 -PM -9 (Tr. 23144) and Negative Declaration 88 -ND -4, subject to the Conditions of Approval and deny the request for a waiver of the Parcel Map. Motion carried unanimously with the following roll call vote: AYES: Commissioners Bruner, Schuelke, Fries, Remy and Chairperson Burton. NOES: None. ABSTT,Ii,: "lone. ABSENT: None. Ciii:DUL-D :dATTi.RS: 6. 87 -TM -1, (Tr. 22332), a request for a one (1) year extension for a 48 lot subdivision, located on the south side of Cherry Avenue between 10th and 11th Streets. Applicant, Neal Baker. CDD KouleS commented that Mr. Baker had been in contact with Mr. Dotson to work out map requirements and that the Subdivision ,Sap Act does allow for an extension. The 48 lot subdivision was heard in June 1986 for the first time and runs for 2 years. On motion by Commissioner Remy, seconded by Commissioner Schuelke, the Planning Commission recommended approval by Cite Council for a one (1) year extension from this date for 86- T61-1, Tract No. 22332. Motion carried with the following roll call vote: AYliS: Commnissioners Bruner, Schuelke, Pries, Remy and Chairperson Burton. :]OES: None. ABS'P1I.1 : None . ABSEI'T: None. 7. 87- CUP -2, a request for a one (1) year extension for a 97 RV Par;:, located at First and Pennsylvania Streets. Applicant, TIZS Enterorises. CDD Joules presented the staff report noting that on August 18, 1987, the commission recommended approval of this 97 RV Park based upon the report by Planning Director, Valerie :inutes of PC Wo Ling ,7unp 21, U n8 page L is c ussion, Commissioner Schuelke made a motion to ,:env the request for extension as per. staff's findings pertaining to 87 -CUP-2 for a 97 RV Park, seconded by Commissioner_ Remy. Attorney Ryskamp noted that the applicant should have an opportunity to speak with Commissioner Schuelke withdrawing her motion in order for the applicant to address the commission. ',r. Todd Schlesinger, 14405 California St., Beaumont, addressed the commission commenting that: due to the complication of this project starting July 7th when it was originally approved, it took to October 28, 1987 to actually get City Council's approval; intent of the zoning is designee', to take advantage of rural environment as well as the outdoor recreational potential of the community; wouldn't have gone ahead if he hadn't of had staff's approval; project is complex and wants the time to do a good job; does have his financing now which was part of the hold up. On motion by Commissioner Schuelke, seconded by Commissioner Remy that based on staff's findings and considering the applicant's position one year later, a six (6) month extension be granted from this date for 87- CUP -2. Attorney Ryskamp commented that there should be a finding mace that the original interpretation as set forth by the Planning Director in the original approval is the interpretation you are using as to whether this project conforms to the zoning ordinance. It was noted by the commission that they were in agreement with staff's findings that it is not in compliance with the zone; however, the feeling was that it was unfair to the a "!!cant not to grant an extension. Todd Schlesinger, addessed the commission commenting that he would appreciate a six month extension. CDD Koules noted that there had been no communication between the applicant and the City of Beaumont. Todd Schlesinger, again addressed the commission stating he was not aware that he was not conforming with the plans; thought the approval of his project was 12 months from the City Council approval which was October 1987. Commissioner Schuelke restated her motion to recommend approval of a sir, (6) month extension which begins as of this evening and found that due to the uniqueness of this project and circumstances beyond the applicant's control, the commission for this six month period, will use the nr;n;nal aooroval for the mnyitcs of PC Kaoting nun 'acc ZS: commissioners Bruner, Schuelke, Fries, and Remy. HUES: Chairperson Burton. ABSTAIN: None. AD3P;iJT: Nonc. 27- P? -12, a change in Conditions of Approval for 144 awartment units, located at the N/E Corner of Beaumont Avenue and Cougar Way. Applicant, John Sims, American Housing Corp. CDD Zoules explained that this was an informational item and was brought before the commission because of a change in conditions of approval which is different: from the conditions in the original approval. Commissioner Remy noted that Mr. Sims was suppose to advise the commission of the total number of apartments that was going to be built pursuant to net acreage - which wasn't core.. Attorney Rys }camp commented that in one of the conditions on Pane 7, it specifically indicates 9.9 acreas, as set forth in the letter of May 9, 1988 from the City Engineer. I'ur.ther, Page 7 of the new conditions in the letter of May 9, 1988, (Condition 07.OG) indicated that 9.9 acres within the ?roject site is the amount that has been used in the charge to the sewer district. It was the feeling of the commission that this project had not been approved and if the map was changed it was supposed to cone 'back before the commission. Secretary noted from the Minutes of October 6, 1987 that > is project was approved and read information from the minutes verifying approval. John Sims, American Housing Corp., addressed the commission commenting: 41e were instructed to come back with Q report based on the net density - the 144 units results in the deduction in the property that is required with the dedication for the frontage road and Beaumont Avenue; stay sufficiently away from the Deodora trees as not to injure the root system; direction from the Planning Commission from the meeting of October, 1987, that the City Engineer had the authority to approve and design the access road in accordance with the standards that was developed for width with the condition that they stay away from the Deodora trees - the City Engineer then said he didn't want the responsibility and wants it back before the commission; feels they have complied; no design standards for Beaumont :',venue; was goin g to wait until there was an Assessment District in order to let developers know what to do; curb and gutter is at least 15' from the center of each of the trans; sidowalks are 6' including curb and gutter. Nmutes of PC hooting June 21, 1988 Page 6 Attorney Ryskamp noted that adopted for that road for road is in the County. there could be no specific plan both sides because half of the John Sins, sneaking and stating that: proposes as a comprise, to let them go ahead in getting a building permit; will help design Beaumont Avenue; simple thing to form an Assessment District or whatever for the ultimate approval of Beaumont Avenue; recommends that the Planning Commission request the presence of the City Engineer when issues like this one is presented; stipulation that they will wort: with and in good faith and bear financial responsibility to the extent of a reasonable plan for their side of Beaumont Avenue; wouldn't want to go back and remove the Deodora trees and put in a 50' island with all sorts of Manning undergrounding; will commit to work with the City in whatever reasonable way to eventually work through this vroblcm. it was the consensus of the commission that they wanted to visually see what Beaumont Avenue is going to look like on a designed plan and that an Assessment District be formed for this project as well as all the other projects. Attorney 2yskamp commented that we now have the need to pool money /resources and create the development plan for Beaumont Avenue. - the engineering plans need to be drawn and determinations made. John Sims again stating: be reasonable; can't agree to anything that is open- ended. The Commission noted that this condition would run with this property. Join Sims, stating: doesn't want to do any hardcore design until they have an approved plan; can prepare an agreement that obligates American Housing Corporation to participate to work with whomever and City staff; will build at some point and time - doesn't know when that will be because he doesn't know when it will be approved or if an Assessment District will be formed; cannot have as a condition on the building permits; ready to pull building permits by the end of the month; ready to close their loan; if they sell, the agreement would be assigned to the buyer; if a deed restriction is placed on him, he couldn't finance the project. Attorney P.yskamp commented that a deed restriction is not the answer. If the City wants to develop this property then take action and further, conditions of approval run with the conditional use permit. When the building permit is issued there is a condition on the permit that there will be no certificate of completion and occupancy unless the amounts :linut.cs of PC Meeting ,tune 21, 19SO Page 7 in mind when he said no improvements because there are no standards and it is up to the community to develop those standards. I'm willing to propose and develop some proposal to consider to develop your standards by and to participate i;; ;;em. I thin,]: what we're doing is trying to (inaudible) the difference be designs and improvements in this area and building the street. - and that is what I tried to say f irst is that I don't know what to design a street to, until wn give you mavbe a concept plan - maybe we give you as I said a water plan, a tree Plan and maybe we have a public Nearing on what the community .wants that street to be whether its rural in design or whether it stays like iilshire Blvd. or what. So what I'm trying to say is that its hest - I don't want to get away with anything but try to tie a specific obligation of ours into a design which doesn't exist seems to be the cart before the horse. Tie in an obligation for us to participate in a design, and tie to us an obligation to participate in an assessment district or other means of financing that the City develops for our portion - that I can understand, but again - to tie it to a building permit or occupancy permit would really be a political problem as to who approves that and who designs %c hat and who is to Pay - what I think we're just building a monster to try (inaudible). Cn :.iissioner Schu.1ke then asked Mr.. Sims could he accom-)lish what he says he is willing to do. ,Olin Sims, verbatim testimony, If the City will tell us toForro w _ what design firm they wish to use, who is going to participate it, how many property owners, what the general requirements and goals and objectives of the City are which are probably - I won't speak for Mr. Koules, but it should be a planning thing and what h- thinks that those original initial concepts are, they can't be a whole lot, I can't see o c than a few thousand dollars for a water study and calculation, another few thousand for a tree study as to how much water these particular trees need from somebody that 1.no,:rs about it, what the root system is to send somebody out tN r^ to dig it, how far you really want the paving to come over, :chat would happen if you really did cut off all water, do you 'rant to then let it - put in a sprinkler system and if so do you have an assessment district to set that up for - like a lighting district, is it going to be a community ;ldo thing for maybe 14th St. all the way to whereever you giant it to go. If we knew those things then I could give you an answer, but again cities have done this time after `i.m^ after time and where I'm standing it looks like the co:m,lission is saying we want you to resolve an irresolvable pro'-) 1em for us because no one really knows at this point, ;ntt I sure think that with the people that are doing your gneral fans and vour other olanning things we can get e somebody to draw it, we can get a proposal, we'll be willing to corua.it for our portion on - - if the whole study is ,.,,,, . -A ., 1 ii nrh of that or 1/2 of that or whatever ;mutes of PC ^.eeting June 21, 1988 Page S literally could be one day before and I've got no control over it and I don't know if the (inaudible) contract can't close a construction loan, I would suggest - - why can't you (lo it like ( inaudible) participation agreement, why can't we just d.o it like a contract because then that makes it a personal obligation of me not the lender. And the lender is Holt going to loan money on the project if he can't get an occupancy. I will agree to participate, I will agree to make this property subject to the assessment district (inaudible). You asked me a question to begin with when we first started this what I would do if I were sitting in your position about designing a road. My response (inaudible) is that I would want the most professionally designed access roar' that will serve the needs of the community. Now in my minds eve, the same answer is for Beaumont Avenue. You can't just do half the road or a quarter of a road on our share, you've got to bite the bullet and you've got to design the whole bloody thing and thats got to be approved by Council and then its (inaudible) with people that are going to have to pay for it but then - - and you can make a condition - - I would presume the Commission, on those people that are in the position that I am in, that hey, you're gonna agree to participate in this assessment district - and you're not going to get development, I absolutely irrevocably guarantee you on the east side of Beaumont Avenue unless its brought into the City, you're not going to get sewer and water. services. On motion by Commissioner Bruner to approve 87 -PP- 12, American dousing Corp. revising 1.01 as per City Engineer's letter dated May 9, 1988. Attorney P,vskamp suggested that if the City has not completed development of Beaumont Avenue Engineering Plans when the occupancy permit is required, that the City shall provide a contract in lieu thereof obligating American Housing Inc., and John Sims. John Sims, verbatim testimony. Now hold it folks, well in all honesty folks, Mr. Sims has no direct ownership interest in this project at all (inaudible). If you want to get into the technicalities, by a partnership of which there is a corporate general partner, there is a - I'm sorry, there is a limited partner which is a corporate general partner there and American [lousing is involved and - - Commissioner Schuelke then asked if there would be any personal guarantee from any of the officers of any of these partnerships or corporations with Mr. Sims answering "only to the construction loan ". John Sims, verbatim testimony. What I have to tell you is there is a million and a half dollars worth of equity (inaudible) so what I would suggest is, if we can get the concurrence, the only thing is the time factor, if we can Ninutes of PC Meeting June 21, 1903 Page 9 Engineering for Beaumont Avenue on his property and retaining the Deodora trees, placing on project property curb and gutter on Beaumont Avenue if required by the engineering plan and, C. if City approves, creation of an assessment district for Beaumont Avenue. If the City has not completed development of Beaumont Avenue engineering plans prior to occupancy of the project, the City shall provide a contract obligating American Housing Corporation for payment of the required sums in a form acceptable to werican Housing Corporation and City staff. ,,, Sims commented that he would have units ready in 7 months. Attorney Ryskamp commented that the determination before the 1st occupancy permits are issued there will be a contract signed. Seconded by Commissioner Schuelke. Motion carried unanimously with the following roll call vote: AWS : commissioners Bruner, Schuelke, Pries, Remy and Chairperson Burton. 110IS: None. ABSTAIN; Bone. A55ENT: None. Attorney Ryskamp commented that the commission request that City Council immediately take action for the development design concept and engineering plan for Beaumont Avenue that would include the appropriate curbs, gutters, sidewalks, etc. on both sides from 14th Street to Brookside and that any plan developed be submitted to the Planning Commission for review and recommendation prior to approval by the City Council. 9, An ordinance of the City of Beaumont, California, repealing sections 17.55.005 through 17.55.200 of the Beaumont municipal Code and repealing 17.£30.105 (d) (5) and adding a now Chapter 17.55 to the Municipal Code entitled off- Street parking and Loading. On -.potion by Commissioner Schuelke, seconded by Commissioner Bruner to approve ordinance of the City of Beaumont, California, repealing Sections 17.55.005 through 17.55.200 of the Beaumont Nunciipal Code and repealing 17.80.105 (d) (5) and adding a new Chapter 17.55 to the municipal Coco entitled Off- Street Parking and Loading. Bruner AYES: Co�m:lissioners , Schuelke, Fries, Remy and Chairperson Burton. : ;OES: None. ABSTAIN: None. MinuLCS of PC Meeti119 June 21, 1988 Page 10 ABSTAIN: None. ABSENT: None. There being no further business before the Commission, the meeting adjourned at 10:16 P.M. Respectfully submitted, Planning mmiss n Secretary BE,AUMONT PLANNING COMMISSION MINUTES OF JULY 19, 1988 The Planning Commission met in a I.egular Planning Commission Meeting on Tuesday, July 19, 1988, in the City Council Chambers with Chairperson Burton presiding: ,_,.wing was called to Order at 7:01 P.M. On !:o II Call, the following commissioners were present: Commissioners Bruner, Fries and Chairperson Burton. Commissioner Remy arrived shortly thereafter, and Commissioner. Schuelke was excused. Affidavit: of Posting was read. The Pledge of Allegiance to the Flag was observed. 1. 1,1inutos for the Regular. Planning Commission Meeting of June 21, 1988, were approved as submitted. 2. Oral Communication: None. 3. Director's Report: CDD Koules reported that the City Council at its last meeting, approved the Off - Street Parking requirements as recommended by the Planning Commission and also approved the Handicap Space requirements both items were distributed to the Commission. 4. 88- pUP -1, 88 -V -2 and 88 -ND -6, a proposed Church in existing structure, and Variance for reduction of required number of parking spaces, located at the Corner of 6th and Edgar Streets. Applicant, Don Williams Deliverance Ministries. CDD Koules presented the staff report explaining that a Variance was needed since the parking lot was not adjacent to the structure. He commented that the applicant has a lease agreement showing that he has lease rights to the narking lot. He noted that he has no problem with the church having special meetings. Chairperson Burton then opened the public hearing at 7:09 P...., asking the applicant if he wished to speak in favor of his project. Don Williams, Pastor of the church, addressed the commission stat —in q that he had given Mr. Koules his normal business hours but also needs hours for special meetings; has an option to buy the building. Chairperson Burton then asked if there were any opponents and there being none, she closed the public hearing at 7:10 P.M. turning the matter back to the commission for PC G�Ilet: Ina Of 1 19, 1988 Pace 2 turns Only. Also approving 88 -V -2 and recommending approval by City Council of Negative Declaration 88 -ND -6; seconded by Commissioner Fries. Motion carried unanimously with the follo,.;ing roll call vote: AYES: Commissioners Bruner, Fries, Remy and Chairperson Burton. NOES: Nona_. ABSTAIN: None. A.BSElNT: Commissioner Schuelke. 6. 88 -CUP -2 and 88 -ND -5, a proposed Three Bay Automotive Shop performing maintenance and light repair, located at 1085 Beaumont Avenue. Applicant, A. B. Broyles. CDD Koules presented the staff report and commented that the report shows access of the alley which is incorrect. The clot plan submitted by the applicant does show the access off of 11th Street; however, this does not change staff's recommendation for denial. The reason being that this is in a C -11 Commercial Neighborhood Zone and the C -N zone as indicated in the report shows the intention being for office :professional and small convenience retail. Staff feels this project is out of characater with the area. Also a negative declaration was advertised but has not been prepared. Should the commission and the city council approve this, staff would still have to get together with applicant to a:ork up conditions of approval and prepare a negative declaration. Chairperson Burton then opened the public hearing at 7:19 P.M., asking 1•1r. Broyles for comments. P(arshal Broyles, 1085 Beaumont Avenue, addressed the commission stating that: wants to put up a small garage; would be the only mechanic for quite awhile - maybe one helper; doesn't plan on growing large; will advertise in the local throw -away papers; will primarily get business from the people that pull in the Circle -K across the street; will live in the house in the front which totally blocks the view of the garage from Beaumont Avenue; two story garage there now; will landscape; wants to clean up the property. Rocer Fern, 1164 Euclid, addressed that: feels that what the applic will blend in with the concept for to approve this project. Chairperson Burton than asked if for this project. the commission commenting ant has proposed is good; the area; thinks it wise there were any opponents Peat Coffer, 1061 Beaumont Avenue, addressed the commission -I,F _... cl-.n 1i".o 7 hnnc cnnth of t- hia nYnnn qi Il Feels PC meeting of July 19, 1988 Pace 3 to s or 9 to fi five days a week - Monday through Friday; does not intend to have on the street parking. There being no one else wishing to speak, Chairperson Burton then closed the public hearing at 7:29 P.M., turning the matter back to the commission for discussion. There was discussion pertaining to this project with Commissionr Remy questioning as to when this area of Beaumont became C-N. CDD Koules noted that on both sides of the by accident, it would mind to take all five could only interpret the intent of the C -N five blocks of commercial neighborhood street from 7th to 12th was not there seem that someone had some thinking in blocks. Further commenting, that he the Ordinance the way it is stated and zoning is very clear. Chairperson Burton commented that if the commission wants to consider granting this CUP a better plan is needed and the project will have to go back to staff in order for conditions of approval to be prepared. Also, if this goes back to staff for conditions of approval, then there is a strong indication that this CUP will be approved with Commissioners Remy and Fries commenting that they did not see a problem with it. CDD Koules noted that his understanding is that you are recommending approval; however, it is to go back to staff in order for staff to meet with the applicant and prepare conditions of approval and a negative declaration. On motion by Commissioner Remy to tentatively approval 88- CUP-2 and that it be sent back to staff for conditions of approval and a negative declaration. Further, that it be continued to the Meeting of August 16, 1988; seconded by Commissioner Fries. Motion carried with the following roll call vote: AYES!: Commissioners Remy, Fries and Chairperson Burton. "OF Commissioner. Bruner. ABSENT: Commissioner Schuelke. ABSTAIN: None. 7. An Ordinance of the City of Beaumont adding Chapter 17.36 to the Beaumont Municipal Code, entitled "Specific Planning Area Zone ". Applicant, City of Beaumont. Chairperson Burton opened the public hearing at 7:42 P.M., asking if anyone from the audience wished to speak, there being none she then closed the public hearing at 7:43 P.M. CDD Koules commented that the City is presently processing three annexations totalling 1,400 acres which are being PC mooting of July 19, 1938 Page 4 Burton. NOES: None. ABSENT: Commissioner Schuelke. WSTAIN: None. Chairperson Burton noted for the record that she will be gone from August 20, 1988 to September 29, 1988. There being no further business before the commission, the meeting adjourned at 7:47 P.M. Respectfully submitted, 4ee-'Y� Ch eT of Plann g Cot fission Secretary BEAUMONT PLANNING COMMISSION MINUTES OF AUGUST 16, 1988 The Planning Commission met in a Regular Planning Commission [Meeting on Tuesday, August 16, 1988, in the City Council Chambers with Chairperson Burton presiding. ttecting was called to Order at 7:00 P.M. On Roll Call, the following commissioners were present: Commissioners Bruner, Schuelke, Fries, Remy and Chairperson Burton. Affidavit of Posting was read. The Pledge of Allegiance to the Flag was observed. 1. f•linutes for the Regular Planning Commission Meeting of July 19, 1983, were approved as submitted. 2. Oral Communication: None. 3, Director's Report: CDD Koules reported that WDS Development had submitted the Landscaping and Lighting Plan for Palm Avenue and since the project had already been approved that he could bring the design before the Commission under Director's Report. It was noted; however, in the Minutes, that it was to be brought back before the Commission for review. Chairperson Burton then requested that it be placed on the next agenda for review and discussion. CON'T PUBLIC NEARING q, 83-CUP-2 and 88 -ND -5, a proposed Three Bay Automotive Shop performing maintenance nd light rBpoyles located at 1085 Beaumont Avenue. Applicant, CDD Koules commented that Mr. Broyles did contact the City Engineer with Chairperson Burton noting that if the Commission wanted to consider granting this CUP a better plan is needed. the marshal & A. B. Broyles, 1085 Beaumont Avenue, addressed oval commission discussing the recommended conditions of app prepared by Mr. Dotson. He commented that he would like a couple of years for Condition #1 - asking what would be acceptable; wanted permission now to trim the trees; didn't fully understand Condition #5; questioned the power poles. Chairperson Burton noted that there were no conditions for a CUP so therefore a CUP could not exist until the conditions were prepared by both the City Engineer and staff . Minutes of PC Meeting August 1.6, 1938 Page 2 Commissioner Schuelke commented that she would have to agree with staff - to allow this type of project in that area would be taking away from what the CN zone was meant to be. Totally incompatible with the area. Commented that initially this zoning was really studied very carefully and it was agreed that it was to be kept pretty close to what it is - small retail shoos. Commissioner Remy noted that in the ordinance the CUP allows service stations and drive -in restaurants questioning the gas -pumps at Circle -K. Commissioner Fries commented that after listening to all the discussions, this project should not be in the CN zone since a service station and a garage are two different things. On motion by Commissioner Schuelke as per staff's recommendations and findings that this application 88 -CUP -2 and Negative Declaration 88 -ND -5 be denied; seconded by Commissioner Bruner. Motion carried with the following roll call vote: AYES: Commissioners Bruner, Schuelke, and Commissioner Fries. NOES: Commissioner Remy and Chairperson Burton. ABSENT: None. ABSTAIN: None. Chairperson Burton then informed Mr. Broyles that he had ten (10) days in which to appeal the commission's decision by city council. 5. 87- PP -17, 87 -V -6 and 87- ND -39, a proposed 4 unit apartment building, located at 738 Chestnut between 7th and 8th Streets. Applicant, Victor Schiro. CDD Koules informed the commission that this item was to be continued in order for the applicant to revise his plot clan - alley is privately owned. Chairperson Burton then opened the public hearing at 7:35 P.m., and continued this matter to the meeting of September 20, 1988. 6. 88 -V -1 and 88 -ND -9, for a Variance to allow reduction of front yard setback from 25 ft. to 15 ft., located at 1350 E. 6th Street. Applicant, Jasper Stone Development. Dave Sumner Sanborn & Webb Engineering, 930 Beaumont Avenue addressed the commission commenting: originally designed for 32' of distance from the center line to the curb as per City Engineer's request, then it was decided that the 32' was not in the best interest for the City and area and chose IR.. r;ry Enaineer requested 10' more feet of Minutes of PC Meeting August 16, 1988 Page 3 for 100' - 80 up to a certain point and then it becomes a 100' On motion by Commissioner Fries to approve staff's recommendation of 88 -V -1 and recommend approval by City Council of Negative Declaration 88 -ND -9; seconded by Commissioner Remy. Motion carried unanimously with the following roll call vote: It was noted by Commissioner Schuelke that she would be abstaining since she owns property within 300 feet. AYES: Commissioner Bruner., Fries, Remy and Chairperson Burton. NOES: None. ABSENT: None. ABSTAIN: Commissioner Schuelke. SCHEDULED MATTERS 7. 87 -PP -2 and 87- ND -23, an Extension of Time for a proposed 144 apartment units plus amenities at the N/W Corner of 14th and Beaumont Avenue. Applicant, CY.S Partnership. CDD Koules explained that staff report to 144 units applicant has been working drainage channel and that flood channel because of 14th Street. there was a correction on the instead of 152 units and that with the City Engineer over the he wants more review over the the extensive reconstruction of Commissioner Schuelke noted that she is involved in negotiations for a client on property which adjoins the property in question and should abstain from voting. On motion by Commissioner Bruner to approve the Extension of Time on 87 -PP -2 and 87 -ND -23 for a period of one (1) year to August 16, 1989; seconded by Commissioner Fries. Motion carried unanimously with the following roll call vote: AYES: Commissioners Bruner, Fries, Remy and Chairperson Burton. NOES: None. ABSENT: None. ABSTAIN: Commissioner Schuelke. 8. An Ordinance of the City of Beaumont adding Chapter 17.36 to the Beaumont Municipal Code entitled "Specific Planning Area Zone." Applicant, City of Beaumont. CDD i;oules noted that this item was just an informational item only. r� BEAUMONT PLANNING COMMISSION MINUTES OF SEPTEMBER 6, 1988 The Planning Commission met in a Regular Planning Commission Meeting on Tuesday, September 6, 1988, in the City Council Chambers with Acting Chairperson Remy presiding. Meeting was called to Order at 7:30 P.M. On Roll Call, the following commissioners were present: Commissioners Bruner, Schuelke, Fries and Acting Chairperson Remy. Chairperson Burton was excused. Affidavit of Posting was read. The Pledge of Allegiance to the Flag was observed. 1. minutes for the Regular Planning Commission Meeting of August 16, 1988, were approved as submitted. 2. Oral Communication: None. 3. Director's Report: CDD Koules noted. that City Attorney Ryskamp might want to address the letter that was distributed to the commission by Mr. Thomas' attorney (see attached letter). Mr. Ryskamp explained the City's position in that it was not until after the meeting of 3/22/88 on 4/19/88 *, that items missing from the project were received by the City - in which case the City has a year from this date in which to take action. Also, the City never received a copy of the actual Notice from Mr. Thomas giving 60 days in which to act and that the Notice itself was not dated. Ile noted that a new law states that it is not enough for the year to run, there also has to be a public notice as well as a 7 clay notice prior to the public notice. PUBLIC HEARING: 4. 87 -DP -1 and 87 -TM -3, a proposed development on 160 acres consisting of 366 detached single family units, 224 multi- family units and 21 acres of commercial uses. The residential construction is proposed to be developed in 9 phases and the commercial development at a future time; located on the south side of Highway 60, and south of P;estern Knolls Drive, at the westerly City limits. Applicant, John Thomas, Beaumont Associates. CDD Koules Presented the staff report commenting that he had a real concern regarding the environmental impact not being done. Also, commenting that the City Engineer should thoroughly review the project and that the City Engineer stared that he cannot review the project without having the Minutes of PC Meeting September 6, 1988 Page 2 with full reservations of rights for the record; c) time period was running from July 1987; d) planning director assured them they would have their environmental evaluation a week after the Meeting of March 22, 1988 - all issues have been addressed; e) notice to City was sent June of this year and unless set for public hearing, Mr. Thomas is going to notify the public that the project will be deemed approved; f) notice given to the City June 17th and hand delivered to the planning director; g) participation tonight is to continue to work with the City even though the project has been deemed approved they are here to ask that you concede to their position in order to avoid a law suit; h) no facts in the record before you tonight that says we don't have access to this project; i) no facts in the record to support a denial. John Thomas, Owner of the property, representing Beaumont Associates, addressed the commission commenting: a) taken many years to get before the commission; b) showed a slide of the open space, what is included and how the project will look; c) presented a binder to each of the commissioners outlining his project and documentation in its entirety (collected binders at end of meeting); d) city engineer gave a letter stating he could be supplied with sewer and the city manager said the same thing; e) was told that 200 sewer hook -ups would be reserved; f) met with Caltrans many times and complied with everything they were told to do; g) feels the City did not follow through with their commitments. CDD Koules asked to respond to Mr. Thomas' comments and explained that on June 24, 1987 the tentative map was filed and the application was filed July 16th on the development plan - the idea being that a development plan was the same as a specific plan. Further, the General Plan designates this property as PUD and underneath says "Specific Plan required." This was mentioned to Mr. Thomas and he thought it had been added to the map at a later time. Mr. Koules went on to read what the state law says about a Specific Plan. fie showed the Environmental Drafts pertaining to Three Rings Ranch and Potrero Creek, noting that these are the types of documentation that the City is requiring. Also, there cannot be a negative declaration.on this project since it has a too significant impact. Ile acknowledged that there may have been some slippage, but this project started off on the wrong foot - no one bothered to read the general plan and say that a specific plan should be submitted. Minutes of PC Meeting September 6, 1988 Page 3 a) not speaking in favor of or against; b) concerned about the access of this project; c) not in favor of what appears to be the access to the freeway at the location presented; d) would like to hear from Caltrans. alph tdheeler California Dept. of Transportation, addressed the commission commenting. a) lot of inquiry by Mr. Thomas as to access to Route 60; b) 1953 the California Transportation Commission adopted the Route 60 as a freeway; c) freeway agreement with the County at this time that a slip -ramp type of interchange would be located in an approximate location as seen on Mr. Thomas' plans; d) Federal Highway Administration has some requirements dated 10/30/86 pertaining to locations of interchanges and Caltrans also has a process that was approved and adopted 11/85 for new public road connections; e) technically the State owns access through Route 60; f) south side of Route 60 there are two 14' openings that are private access openings; g) read paragraph from Federal Highway Administration dated 10/30/86 (see attached) pertaining to spacing of interchanges; j) according to FHWA this location is still a rural area which will require a 2 mile spacing and the spacing would be based on the centerline structure crossing at the 60 and 10 Interchange. A 2 mile spacing from that point back on Route 60 would put an interchange about a mile west of the western most point of the John Thomas property; k) it is possible to get an interchange by a process which the City can enter into that is a Project Development Process where the City processes certain reports usually takes about 24 months; 1) interchange would have to be approved by the California Transportation Commission as well as the Federal Highway Administration; m) at this time Caltrans has no funding; n) there is no priority to build an interchange at this location nor is there one within a 10 year plan o) only way to get an interchange at this location would be for the local agency (County or City) to come up with the funding to build the interchange and make the required improvements along this portion of Route 60; p) a way for the City to build the access at 60 would be for all the property owners in the area to put forth their fair share through an assessment district; q) John Thomas' project does not have access to Route 60, there is only two 14' openings which are private driveways. .7nhn Thomas, asked to address the commission pertaining to Minutes of PC Meeting September 6, 1988 Page 4 after planning commission approval and to work with the City and the City to act as a Lead Agency with Caltrans; e) has complied with all requests and information and now new rules are in effect - reason for legal measure; f) one week from the meeting in March 1988, he was to be informed as to whether he would need a full blown FIR or additional work - six months later he finds out the City would like to have it; g) does not intend to start over. Commissioner Schuelke then asked if any new conditions had been placed on this project with CDD Koules commenting that the conditions of approval have not been written because the city engineer cannot write the conditions due to the access problems. Ralph Wheeler, speaking from the audience commented that once the City and the County agreed to the type of Circulation Plan required in the area, they would present to Caltrans a feasibility study based on what they felt was required to begin the project now in process, suggesting California Trnasportation Commission approve a break -in access which allows an interchange to be constructed. This would require a commitment from the City and County to the project as well as funding. Attorney Gregory Weiler, asked to clarify for the record that Mr. Wheeler said that access for this project is available. There was lengthy discussion with Acting Chairperson Remy asking Mr. Thomas about the forty -five hundred feet lots. Mr. Thomas noted that at the time the zone was approved there was a set of development standards that went with the zone PRMF and he complied with the development standards at that time. Commissioner Fries questioned quality housing on small lots and also submittal of the map. Mr. Thomas noted that it took 2 years to complete the development plans that was submitted in June 1987. Commissioner Bruner commented that if this plan was approved how would you have access with Mr. Thomas commenting that even if the City and State both say "no way" the other access would be to go down 4th Street. Commissioner Bruner further asked Mr. Thomas what he would do if this was approved tonight - if he had any definite plans for access to Highway 60. Mr. Thomas stated "no" but he would work with the City in trying to resolve their issue regarding the sewer. Acting Chairperson Remy noted they could not approve something that does not have an access to it. Mr. Thomaas commented that the ability to get access is there on recorded documentation but getting the public access needs a project study and unless there is an approval he could never commit himself to do anything that ... . 1A ,., mnnpv since he could not rely on the Minutes of PC Meeting September 6, 1988 Page 5 P.M., turning the matter back to the commission. There was lengthy discussion by the commission with the feeling that the City would have to become the "lead agency" and put together a plan outlining the accesses for the properties in this area. Commissioner Schuelke noted that the city engineer should get together with staff and developers and have the City initiate and work with Caltrans and put together a proper plan for access to all the areas on ilighway 60 - cannot build the plan until the access roads are provided. CDD Koules explained that meetings had been held with various developers trying to find out who is willing to participate on sewer capacity with Mr. Bounds asking for letters of commitment from the developers so there could be monies committed to expand the sewer treatment plant. John Thomas, commented that they do have a will serve letter from Beaumont Cherry Valley Water District but hadn't exercised it because onced annexed you have to put up money. l Attorney Ryskamp noted that unless the project is conditioned and he has to provide the public improvements, being in he can build the project without the freeway access olace. Mr. Ryskamp outlined the following alternatives for the commission: °s a) you can deny the project because there is not adequate information and make findings relevant to the project which is probably the most desirable for the City; b) you can approve the project but you will violate CEQA; c) some kind of cooperation that will allow steps taken to get the project fully planned properly. Attorney Weiler, commented that they would be willing to S5 bmit to any reasonable conditions to address concerns for access and sewer. John Thomas, commented that if his project was approved he would be willing to work with the City and the other developers in trying to fund the sewer plan and Beaumont Cherry Valley Water District but will not do a complete EIR. Attorney Ryskamp explained the proper procedure for CEQA and commented that projects are not approved without complying with CEQA. CDD Koules noted that Mr. Thomas submitted an Expanded Initial Study to help determine if an EIR would be required. Attorney Weiler, commented that they would have done an EIR but not now so the City is going to have to "bite the h��I 1pt" anei Annrnvp thia nrniect without a full blown EIR Minutes of PC Meeting September 6, 1988 Page 6 together their conditions of approval - that they address the issue of density and the environmental issue as to what they recommend and which items that need to be mitigated, and for something to get started with or without this project on initiating something for the accesses as well as a plan for the funding mechanism and information pertaining to the sewer. Attorney Ryskamp noted that the motion needed a date for the continuance and an agreement from the developer was needed so whatever action is taken at the continued meeting it will be deemed to have taken place this evening without prejudicing either the City's or Mr. Thomas' rights and to proceed relative to the issues that has been raised and discussed concerning the notice and the Permit Streamlining Ac*_. If acquiesence is not possible he strongly recommends against a continuance. CDD Koules explained that the plan for a funding mechanism could be a very long drawn out effort because the adjacent property owners have to get together with Commissioner Schuelke commenting with or without this project she would like to direct staff to look into the funding mechanism to be readv for the developments in the future. John 'Thomas, noted that based on a good economy he would say that ­­total out would probably take around 5 years. Attornev Weiler, commented that what he is hearing tonight is that the commission cannot make a decision because they are unable between a negative declaration or an EIR. Could go to court and have a hearing within 85 days and have a judge tell the commission to approve and to hell with CEQA. CDD Koules commented that usually the applicant hires an environmental analyst to look at the site and then the analyst makes a determination whether it should be a focused EiR or a full EIR. Ile doesn't feel that a negative declaration can be filed on this project. -T.f (, /-C t "% Pih = f "'t lYV7 w. 7. Commissioner Schuelke commented that she would add to her n' motion that the applicant be directed to consult with environmental agency to prepare an EIR. Attornev Ryskamp noted that the Notice of Preparation is a-b�' crucial first step in getting CEQA moving asking when could `i�4,<S a notice be sent out with CDD Koules commenting three or f four working days. Commissioner Schuelke also wanted clarification as to the reference made about the 200 sewer hook -ups that were committed. Minutes of PC Meeting September 6, 1988 Page 7 rights nor their rights and any action taken at the continued meeting be deemed to have been taken place this evening for purposes of the Permit Streamlining Act. Mr. Weiler, Attorney for Mr. Thomas commented that he didn't mind continuing the hearing since any time periods from now until the new hearing is irrelevant - his legal position is such that it is already approved. Attorney Rsykamp stated that failure to take action today means you are waiving the right to contest this issue prior to the continued date with Mr. Weiler noting "up to and including October 3, 1988" and would follow up with a letter to this effect. Motion carried unanimously with the following roll call vote: AYES: Commissioners Bruner, Schuelke, Fries and Acting Chairperson Remy, NOES: None. ABSENT: Chairperson Burton. ABSTAIN: None. There being no further business before the commission, the meeting adjourned at 11:04 P.M. Respectfully submitted, Cry ylor .�Ki FEDERAL HIGHWAY ADMINISTRATION CALIFORNIA DIVISION OFFICE PROCEDURE MEMORANDUM LIN Interchanges - New or Revised I nrtnhPr 30. 19 ]. PURPOSE The purpose of this Division Office Procedure Memorandum is to describe the office policy regarding the revision, modification and addition of new interchanges to the freeway system in California. 2. GENERAL The California Freeway System has been constructed at great cost with control of access to insure operating safety, permanence and utility and in some cases with flexibility to provide for possible future expansion. It is expected that access changes along these freeways will be required; however, it is essential that proposed revisions be fully evaluated and made only when the current and future functioning and safety of the freeway is not compromised. 3. RESOURCES AASHTO "A Policy on Geometric Design of Highways and Streets" AASHTO "A Policy on Design Standards -- Interstate System" Code of Federal Regulations, Title 23 4. BACKGROUND -There is an ever - increasing number of proposals for our concurrence to modify or add new interchanges to the freeway system. The pressure for development is so great that there are many projects which will be funded by private developers with no Federal funds involved. At the same time California's freeway system is aging (and operating at capacity at many locations), its ability to accommodate increased traffic demands caused by new land development is diminishing. It is critical, therefore, to insure that all operational impacts to the freeway are fully assessed prior to our action on new or significantly modified interchanges. s. pn_lry The primary purpose of an urban freeway is to accommodate intra- regional and the longer trips. Short trips, therefore, should be made on the local street network. To mitigate transportation impacts of new development, more LAW OFFICES PALMIERI, TYLER, WIENER, WILHELM & WALDRON A PMTNCRSNIP 1NCLUOMO PROIESSIONLL CORPORATIONS P. O. BOX 8090 4000 MAC ARTHUR BOULEVARO NEWPORT BEACH, CA 92658 ANOELO J. nALNILRI' ROLLRi I WALDRON• ALAN N. K.C.ER' ROSCRi CINRML' JAM " E. WILNLLN• OLN NIS O. Til[R• YICNALL J. OP[CNE• C[FNN C. ROTNROCN• NIS Iv. ON... oA V.o 0, I.... CNARLLL N.N NTCR' L - C...0 RAN LS nK+ A NE.... � C4 MOR J. •JOTAA OON I 1.100"' N. wu.0 WARREN A WILLIA NS JOHN R. LIST [R IR[DE RI •, uNN NANCY L. . P.VLR.J0N.SON NSON LRVCC W O.N M[NLTCR .RENTF N, J, FER i .RENT FORD J.I..OT.A NICNCLL[ N IVJC.OTO N OIIU AN J. NOOICN LORI A. O.vIC4 n. IOSTLR.JR_ OARV C. N'CISSCRO BY HAND DELIVERY City Clerk City of Beaumont Post Office Box 158 Beaumont, CA 92223 EAST TOWER - SUITE 1000 NEWPORT BEACH, CALIFORNIA 92560 19141 651 -9400 September 61 1988 WRITER'S DIRECT DIAL NUMBER 851 -7238 TELECOPIER 17141 661 -1554 TELEX: 5106016110 REFER TO FILE N0, 13826 -002 Re: 87 DP -1 and 87 TM -3 /Participation at Planning Commission Hearing Dear Sir or Madam: This letter is intended to advise the City of Beaumont that Beaumont Associates will participate in the September 6, 1988 Planning Commission meeting pertaining to the above - captioned project under a full reservation of rights. As previously expressed to the City Attorney, it is the position of Beaumont Associates that the subject development applications have already been approved as a matter of law pursuant to Government Code Section 65956. Hence, the Planning Commission has no discretion in approving the above - captioned development applications at its hearing on September 6, and we trust will be advised by for City Attorney. However, to facilitate approval informational purposes for members of the public, Beaumont Associates will participate at the hearing. Neither Beaumont Associates' decision to participate, nor any aspect of such participation, shall be deemed a waiver of any of its rights accruing under the Permit Streamlining Act. As we have already informed the City Attorney, the City Council's failure to approve the above - captioned project applications at their next Council meeting, with or without a .., ___ -- -- i­ — m o i. nn rpP _ ,mmendation, will force Beaumont PALMIERI. TYLER, WIENER, WILHELM & WALDRON City Clerk, City of Beaumont September 6, 1988 Page Two Associates to immediately file a Petition for Writ Mandate wand Complaint for Declaratory Relief whereby such applications be deemed approved by court decree. I Please call if you have any quesVon ly yours, . Wei GNW /dtm Wjj__1 BEAUMONT PLANNING COMMISSION MINUTES OF SEPTEMBER 20, 1988 The Planning Comm ission met in a Regular Planning Commission Meeting on Tuesday, September 20, 1988, in the City Council Chambers with Acting Chairperson Remy presiding. Meeting was called to Order at 7:02 P.M. On Roll Call, the following commissioners were present: Commissioners Bruner, Schuelke, Fries and Acting Chairperson Remy. Chairperson Burton was excused. Affidavit of Posting was read. The Pledge of Allegiance to the Flag was observed. 1. Minutes for the Regular September 61 1988, were following amendments. Planning Commission Meeting of approved as submitted with the Page 5, paragraph 4 to read: Attorney Ryskamp noted that the project should be conditioned so that public improvements for the project be built either with freeway access or access to 4th Street. Page 6, paragraph 7 to read: Commissioner Schuelke commented that the applicant be directed to consult with an environmental consultant to make the determination on whether the project would require a focused EIR or a full EIR. 2. Oral Communication: None. 3. Director's Report: CDD Koules announced that Mr. Dotson is with us this evening and would address the Commission later. Also on September 12, 1988, the City Council sustained the Commission's recommendation and denied the appeal of Broyles' CUP. CON'T PUBLIC HEARING: q 87- PP -17, 87 -V -6 and 87- ND -39, a proposed 4 unit apartment building, located at 738 Chestnut between 7th and 8th Streets. Applicant, Victor Schiro. Acting Chairperson Remy opened the public hearing at 7:10 P.M., and continued this matter to October 4, 1988. 5. Applicant requests permission per Section 15.28.090 of Beaumont Municipal Code, to relocate single family dwelling unit to site located east side of Michigan Ave., approximately 300 ft. south of its intersection with First �� -_ -1 D_ J. Ward. Page 2 conditions will be imposed as if a new structure was Also, Mr. Koules noted that the commission Same section of the being built. might want to consider revision of this ordinance. at Chairperson Remy then opened the public hearing asking for proponents /opponents �,iishin from the audience Acting 7:20 P.M., eak. to speak* the commission 86 Michigan, Beaumont, parcel would be D.J. Ward, utters on this P ment and the commenting that curbs and q develop silly because there is 500 ft. of 20 feet wide; 5th frontage of this lot on the street is only operty; never had to that he has moved on to this P delay could cause building anything like this before; room go through the street problems since the the den pet; sets back off living ' and rain could destroy car that is part of the lot; about 200 ft. with a 20 ally divided. have separate parcels leg no one else wishing to speak, Acting Chairperson There being public hearing at 7:23 P.M., turning Remy then closed the the matter back to the commission for discussion• to On motion by Commissioner Fries to grant permission single family dwelling unit; seconded he by relocate the q Motion carried unanimously with the Commissioner Bruner. following roll call vote: Fries and Acting Commissioners Bruner, Schuelke, AYES: Chairp erson Remy. NOES: None. ABSTAIN: None. ABSENT: Chairperson Burton. that Section Also on motion by Commissioner Schuelke the Municipal Code be deleted or amended so a or in a 15.28.090 of le family that similar requests be handled administratSingy similar to the approval °f Bruner. Motion manner seconded by Commissioner residences; with the following roll call vote: carried unanimously Fries and Acting AYES: Commissioners Bruner, Schuelke, Chairperson Remy. NOES: None. ABSTAIN: None. ABSENT: Chairperson Burton. 6 88 -PM-10 (PM 22949) and 88- ND -13, division of land into two parcels, located at the northwest corner of 14th Street and Beaumont Avenue. Applicant, FCE Associates. the staff report and conditions the CDD Koules Presente d royal of this item subject to approval recommending app conditions of approval. Acting Chairperson Remy then openedotentsu hearing from the audience t_- .,,-.,nnnents /oPP Page 3 There being no one Remy then closed the matter back to else wishing to speak, Acting Chairperson the public hearing at 7:37 P.M., turning the commission for discussion. On motion by Commissioner City Council of 88-PM -10 seconded by Commissioner following roll call vote: Bruner, Fries and Acting Chairperson Burner to recommend approval by and Negative Declaration 88- ND -13; Fries. Motion carried with the AYES: NOES: ABSTAIN: ABSTAIN: Commissioners Remy. None. Commissioner Schuelke. Chairperson Burton. 7. 88 -V -3, and 88- ND -12, (88-MPP -10) located between Elm and Minnesota 260' south of Fourth Street. Carriers, Inc. Transit Truck Terminal, Avenues, approximately Applicant, Three Coast CDD Koules presented the staff report for this Variance commenting that this would also be reviewed under to which ovemes Plot Plan with conditionhefzoning- sordinance specifically will be forthcoming. calls out that in no case shall barbed wire be used as part of the fence. However, several surrooundingrbusinechainhalink strand barbed wire fence on top fence. The project will have a 1,200 feet ofaoffice notlmore and trucks will be placed in the enclosed y than 48 hours. Conditions for improvement of Minnesota will be requested. Commissioner Schuelke expressed concern about this coming under a Minor Plot Plan. Acting Chairperson Remy then opened the public hearing at 3:52 P.M., asking for proponents /opponents from the audience wishing to speak. addressed the line that runs on project Darle Iielmers 566 N Ramsey, Banning commission commenting. there is a Sewer Minnesota. Dave Johnson, 12573 7th SDuratPlasticpcannot comission commentin this project. addressed the be compared to Commissioner Schuelke noted that if this particular use is permitted in that zone and it falls under a Minor Plot Plan or anyone else who has a use on an then Dura Plastic not unimproved site, in a zone that allows that use, need to come before the Planning Commission. There being no one else w t hing Remy hen closed the p to speak, Acting ChaitPr n tur ning public hearing at 8:01 P.M., g the matter back to the commission for discussion. commented that hearing is on the next meeting CDD Koules Page 4 ABSENT: Chairperson Burton. SCHEDULED MATTERS. Out of Sequence. 9. Review and discussion of landscape and lighting plan for Palm Avenue pursuant to Condition No. 15 for WDS Development. Mr. Ro er Deutschman, 819 Stephens Ave., Fullerton, representative of WDS Development displayed a map of Palm Avenue and explained that a district to maintain landscaping would involve each property owner within the subdivision to pay a certain amount of money along with his regular property taxes and this money will be given to the City to maintain all of the landscaping. Joe DSulley, WDS Develo mentioning one problem Michigan Avenue - the Co., Mr. Dotson, Mr. K of this cul -de -sac; Condition #15 deleted. 3ment, addressed the commission involved with Condition #15 which is cul -de -sac. Have found that Edison pules and theirselves are not in favor would like to have this portion of Jim Dotson recommended that the applicant's request be honored and delete the portion of Condition #15 pertaining to the cul -de -sac at Michigan Avenue. On motion by Commissioner Schuelke to amend Condition #15 for 87 -TM -8, Amendment #2, dated May 23, 1988, by deleting the phrase pertaining to the cul -de -sac on Michigan Avenue and that the treatment of the cul -de -sac be turned over to the City Engineer; seconded by Commissioner Bruner. Motion carried unanimously with the following roll call vote: AYES: Commissioners Bruner, SChuelke, Fries and Acting Chairperson Remy. HOES: None. ABSENT: None. ABSTAIN: None. Commission recessed at 8:32 P.M., reconvening at 8:38 P.M. 8. Request by James Dotson, City Engineer, to address the Planning Commission regarding clarification of direction to write Conditions of Approval for John Thomas' project, 87- DP -1 and 87 -TM -3. CDD Koules explained that at the September 6, 1988 meeting, this item was continued to October 4, 1988 in order to have the City Engineer write conditions of approval and direct staff to send out Notices of Preparation on the Draft EIR. The Draft EIR Notices have gone out by certified mail to all the pertinent agencies. Mr. Dotson addressed the commission commenting that he Prnm 1ha enmmission as to what it is Page 5 Mr. Dotson noted that if you approve a project and this applicant is capable of pulling together everything, then he has the right to bring improvement plans and final maps in, get them signed off and then build. Also, he needs all the legal documents for this project due to the easement - needs to see if the easement prevents backing lots up to it. Commissioner Schuelke noted that if they had a letter stating that conditions of approval could not be placed on this project since there are too many details missing, then the commission could follow the city engineer's recommendation that there is not enough information. Mr. Dotson commented that in effect what he had said is that the map has not been accepted because it is inadequate and this was the recommendation to Valerie. Also his recommendation was made a year ago that this project isn't even close to being a plan and not to accept it - doesn't know how it got to this point. Also Mr. Dotson commented that he thought that the City could be sued in leading the applicant into believing he has a project. There was lengthy discussion with Commissioner Schuelke informing Mr. Dotson to draft the conditions as to his recommendation and if unable to do so then send whatever he has in order for the commission to have at the October 4, 1988 meeting. CDD Koules noted that we are proceeding as was noted at the public hearing to come before the commission October 4, 1988 with conditions. Mr. Dotson further noted that the Circulation Element would have to be amended and that he had about 11 circulation element amendments that he wants to present to the city in the next couple of months. Commissioner Schuelke commented that the city engineer and city staff form some type of a way of preparing for development in this area so that when people do make an application to develop, they (commission) can work with them. CDD Koules noted that the general plan has always called for a Specific Plan on this site. Commissione seminar at allowed to November 9, would back 4, 1988. Schuelke presented UCR and asked if th attend. It is to 1988, cost - $145. with this information literature for a one day B commissioners might be be held on a Wednesday, CDD Koules noted that he at the meeting of October There being no further business before the commission, the meeting adjourned at 9:31 P.M. BEAUMONT PLANNING COMMISSION MINUTES OF OCTOBER 4, 1988 The Planning Commission met in a Regular Planning Commission meeting on Tuesday, October 4, 1988, in the City Council Chambers with Acting Chairperson Remy presiding. Meeting was called to Order at 7:05 P.M. On Roll Call, the following commissioners were present: Commissioners Bruner, Schuelke and Acting Chairperson Remy. Commissioner Fries arrived shortly thereafter and Chairperson Burton was excused. Affidavit of Posting was read. The Pledge of Allegiance to the Flag was observed. 1. Minutes for the Regular, Planning Commission Meeting Po�� a September 20, 1988, were approved as submitted. � e C, 2. Oral Communication: M 1 3. Director's Report: CDD Koules reported that at the City Council Meeting of September 26, 1988, they reaffirmed the Commission's approval of the D. J. Ward move -on building and directed City Attorney to amend Section 15.28.090 of the Beaumont Municipal Code that deals with move -on buildings so that in the future the move -on buildings would be handled in the same manner as a single family .residence. ON ITEMS 4, 5 AND 7 THE PUBLIC HEARING WAS OPENED AT 7:10 P.M., AND CONTINUED TO THE MEETING OF OCTOBER 25, 1988. 4. 87- PP -17, 8'1 -V -6 and 87- ND -39, a proposed 4 unit apartment building, located at 738 Chestnut between 7th & 8th Streets. Applicant, Victor Schir.o. 5. 87- PP -19, a proposed three apartment units, located at 673 Massachusetts. Applicant, Howard Haig. 7. 88 -PP -3, 88 -V -4 and 88- ND -14, a proposed 60 unit Travelodge motel and a Variance to allow a 55 ft. high sign with a 200' square foot surface area, located on the south side of Fourth Street about 300 feet east of Beaumont Avenue. Applicant, Sam Lee and Daniel Tsai. 6. 87 -DP -1 and 87 -TM -3, a proposed development on 160 acres consisting of 366 detached single family units, 224 multi- family units and 21 acres of commercial uses. The residential construction is proposed to be developed in 9 _i__ -__ __1 .. - --- - -I A—_1 ... cn+ a+ A fntnra time: Minutes of PC October 4, 1988 Page 2 to the Planning Commission to address all the meetings he has had with Beaumont staff members; the conditions of approval asks for all the construction documents and all the improvement plans before approval is given to the tentative map - which is never done; Mr. Thomas elaborated on each condition of approval objecting to all. Acting Chairperson Remy then closed the public hearing at 7:40 P.M., turning the matter over to the commission. It was the feeling of the commission that there were a lot of unanswered questions pertaining to this project and on motion by Commissioner Schuelke to continue this hearing until the next meeting to allow the engineer for the project the opportunity to address the Planning Commission as to his views regarding the conditions of approval by the City Engineer, and to request that our City Engineer be present at that meeting as well as the City Manager. Attorney Ryskamp noted that normally the City Manager prefers not to attend the commission meetings because he attends and represents the City Council meetings. Commissioner Schuelke then commented that if the City Manager could not attend, if he would address the commission in the form of a letter pertaining to his comments and commitments for the project - specifically sewer. Attorney Ryskamp noted that before the motion is adopted we need a statement from Mr. Thomas on the record that he agrees as he agreed on the 6th of September that any action taken at the continued meeting which is being given at his request be deemed to have taken place on the 6th of September for purposes of the Streamlining Act. Mr. John Thomas, then requested that this matter be continued to the meeting of October 25, 1988 in order to give Hubert Webb the opportunity to share information and discuss with the commission questions they might have; however, in continuing this matter, he would not be waiving any of his benefits which may have resulted or accured rom 7 violating the State Streamlining Act and further, whatever action is taken would be back dated to the 6th of September. Attorney Ryskamp commented that any action that takes place at the meeting of October 25, 1988 is deemed to have occurred on the 6th of September for purposes of the Permit Streamlining Act. Commissioner Bruner then seconded the motion. Motion carried with the following roll call vote: AYES: Commissioners Bruner, Schuelke and Acting Chairperson Remy. Minutes of PC October 4, 1988 Page 3 of the commission to either hear this and condition it or continue the item and refer it back to staff. The applicant earlier represented to staff a plan they prepared that would delete the parking within the required front yard setback. The recommendation of staff would be no parking in the front yard setback. Acting Chairperson Remy then opened the public hearing at 7:53 P.M., asking for proponents /opponents from the audience wishing to speak. Mr. John Jones, 1159 Orange Ave, addressed the commission commenting: yesterday they were informed that there was a problem with the parking and they prepared a new site plan which was distributed to the commission; the extension of the setback is incorporated in the landscaping areas; added four parking spaces on the south side; have answered the question about the setback, feels this matter should not be continued and because of the approval indicated in the staff report would like to have it considered and approved tonight. Mr. David Hacker, 490 S. Farrell Dr., Palm Springs addressed the commission speaking in favor of the project and commented that Pennsylvania is shown on the General Plan to be a secondary highway and as such is meant to carry a good amount of traffic - this would be a normal and a good usage of this type of street for a facility of this type. i Mr. Mark J. Stoker, 6342 Airway Dr., Yucca Valley, addressed The commissio—T s stating he isa general contractor from Yucca Valley; has outgrown the existing facility in this community; gave background on type of construction method that will be used; vacant land in the back will be used for future growth; will comply with the ordinance pertaining to fencing. CDD Koules noted that he would like to keep the fencing open for a closer look as what the interpretation of the ordinance is. Mr. Darrell Cornett, 13116 Palo Alto, Beaumont, addressed the commission speaking in favor of building the Kingdom Hall. Mr. Pat Moore 1186 Pennsylvania, Beaumont, addressed the commission speaking in opposition of the project. His property adjoins the property in question; concerned over traffic problem, noise; wanted to know if his zoning would be affected. CDD Koules explained that it would not affect his zoning. Acting Chairperson Remy then closed the public hearing at Minutes of PC October 4, 1988 Page 4 to control the dust on the unimproved portion of the lot. On motion by Commissioner Schuelke to approve 88 -PUP -2 and recommendation of approval by City Council of 88 -ND -5 as submitted, subject to the amended conditions of approval by staff and the city engineer. Seconded by Commissioner Fries. Motion carried unanimously with the following roll call vote: AYES: Commissioners Bruner, Schuelke, Fries and Acting Chairperson Remy. NOES: None. ABSTAIN: None. ABSENT: Chairperson Burton. 9. Appeal filed by Adams Advertising. This item is to be noticed for the hearing of October 25, 1988. 10. City Attorney's legal opinion in response to Commissioner Schuelke's question of Minor Plot Plans /Plot Plan requirements for M -L zone. It was felt by the Commission that Mr. Ryskamp's interpretation of Section 17.50.205 (b) 1RR1 was clear in that if a project proposes to use vacant or undeveloped land and there are off site improvements, and no further off site improvements will be required, the minor plot plan may be used, if off site improvements will be required, it is necessary to have a full plot plan with hearing. 11. Authorization for Planning Commission Members to attend UCR Workshop on "Property Development Agreements and Vesting Tentative Map" (cost $145. each). Mr. Ryskamp commented that he and CDD Koules would get together and schedule a Workshop to be held here in Beaumont on a Saturday morning sometime before Christmas. There being no further business before the Commission, the meeting adjourned at 9:05 P.M. Respectfully submitted, Cry yl BEAUMONT ASSOCIATES LIMITEO PARTNERSHIP GENERAL PARTNER October 4, 1988 City of Beaumont Planning Commission City Clerk PO Box 158 Beaumont, CA 92223 -0158 JOHN THOMAS RE: 87 DP -1 and 87 TM -3 /Participation at Planning Commission Hearing HAND DELIVERED TO PLANNING COD IISSION CLERK Dear Sir or Madam: This hand delivered letter is intended to advise the City of Beaumont that Beaumont Associates will participate in the October 4, 1988 planning commission hearing pertaining to the above - captioned project under a full reservation of rights. Neither Beaumont Associates' decision to participate, nor any aspect of such participation, shall be deemed a waiver of any of its rights accruing under the Permit Streamlining Act. J Respectful,l Submitt , Jo omas aumont Associates PHOWU OCT 6 - 1988 CITY OF BEAUMONT PLANNING DEPT. BEAUMONT PLANNING COMMISSION MINUTES OF OCTOBER 25, 1988 The Planning Commission met in a Regular Planning Commission Meeting on Tuesday, October 25, 1988, in the City Council Chambers with Chairperson Burton presiding: ';eeting was called to Order at 7:02 P.M. On Roll Call, the following commissioners were present: Commissioners Bruner, Schuelke, Remy, Fries and Chairperson Burton. Affidavit of Posting was read. The Pledge of Allegiance to the Flag was observed. 1. The Minutes for the Regular Planning Commission Meeting of October 4, 1988, were approved as submitted with a typo on page 2, paragraph 7, line 6, " accured" should have been "accrued ". 2. Oral Communication: None. 3. Director's Report: None. CONTINUED PUBLIC HEARINGS: 4. 87- PP -17, 87 -V -6 and 87- ND -39, a proposed 4 unit apartment building, located at 738 Chestnut between 7th and 8th Streets. Applicants, Victor & Vincent Schiro. It should be noted for the record that the staff report shows the Negative Declaration No. as 87 -ND -37 and it should be corrected to read 87- ND -39. CDD Koules presented the staff report and noted because of an area shortage for the fourth unit, it was felt that a variance would accommodate the fourth unit since the applicant is only short 258 of the area required. Also, the proposal would tie together a common 20' driveway since Mr. Schiro has already developed the property adjacent to the south which has a 10' driveway on the side. Commissioner Remy questioned the 20' driveway noting that she thought the fire department wanted a 24' driveway with CDD Koules noting that the structures are accessible from the street and the hose lines could fight a fire without having access onto the site. Chairperson Burton then asked for proponents /opponents from the audience wishing to speak. PC Minutes october 25, 1988 Page 2 Attorney Ryskamp noted that his concern is a with two different owners in the future creating considerable problems as to who driveway. common easement could end up maintains the City Engineer Dotson commented that if the property is merged you deny the applicant the right to sell separately and asked what authority do we have to force this kind of a merger? Attorney Ryskamp commented that where there is a common driveway it is creating an easement - we do have the authority. Mr. Vincent Schiro, addressed the commission again noting no fence can be put down the middle; has to maintain the driveway in order to compete. Attorney Ryskamp felt that we are creating a potential future problem with an easement and asked Mr. Schiro if he was opposed to the concept of merging the two properties with Mr. Schiro stating "not at all." Mr. Schiro didn't feel it was a problem; however, he is not opposed. CDD Koules noted that he does not anticipate the problems that Mr. Ryskamp mentioned. It is a much more complex process to merge the two lots. The applicant does have the right to create the lots separately - doesn't see what would be accomplished. There being no one else wishing to speak, Chairperson Burton then closed the public hearing at 7:22 P.M., turning the matter back to the commission for discussion. It was noted by Commissioner Schuelke that the original proposal from the packet of 10/20/87, the driveway was 24 feet between the two buildings and that proof of a reciprocal agreement between the two parcels was in the staff file. CDD ICoules commented that there was a reciprocal agreement that the parties agree no fence shall be built on the southerly line of the seller's property nor the northerly line of the neighbor's property - just a fence restriction. No one can build a fence on the common lot line. Chairoerson Burton noted that if it was 24 feet on the original proposal, it should also be a 24 foot driveway now. After lengthy discussion and in checking the plot plan from the original staff report and in reading page 117 of Title 17, it was determined that the driveway should be 24 feet. Attorney Ryskamp noted that the original application and filing date is part of the project and the variance is now PC minutes October 25, 1988 Page 3 City Engineer increase nor check the map Dotson noted that a lot line adjustment canribt decrease the number of lots. will have to act. Attorney Ryskamp noted that relative to the merger issue it is felt that research should be done and that he be directed by the commission to come back with language to make the procedure possible so that in this type of situation there is a simple procedure. CDD Koules noted that he did not agree with this - felt we are getting procedure bound. Attorney Ryskamp commented that he wanted to be able to waive the map requirement and in the future have a procedure so that in this situation we do not have to record a map. CDD Koules stated that he maintains that the State Subdivision Flap Act disallows you from merging two parcels with a Certificate of Compliance. Chairperson Burton commented that the commission will direct the City Attorney to research it and find out what the City's position is and bring back a report. On motion by Commissioner Remy, seconded by Commissioner Fries that this project be returned to the applicant to re- design the project to comply with the driveway requirement. Motion carried unanimously with the following roll call vote: AYES: Commissioners Bruner, Schuelke, Fries, Remy and Chairperson Burton. NOES: None. ABSTAIN: None. ABSENT: None. 5. 87- PP -19, a proposed three apartment units, located at 673 Massachusetts. Applicant, Howard Haig. Per request of CDD Koules, this matter was continued to the Regular Planning Commission Meeting of November 15, 1988, since the applicant is still working on his revised plot plan. 6. 88 -PP -3, 88 -V -4 and 88- ND -14, a proposed 60 unit Travelodge Motel and a Variance to allow a 55 ft. high sign with a 200 sq. ft. surface area, located on the south side of Fourth Street about 300 feet east of Beaumont Avenue. Applicant, Sam Lee and Daniel Tsai. CDD Koules presented the staff report recommending approval of this project. He noted that Condition #7 should be amended to read "Gas Cc" not "Edison Co." ,Ir, Danny Lee, 2052 Palma Drive, Rolling heights, addressed the commission noting that the company name is Evergreen .,pP(lq) the 55' sign in order to attract highway PC "Jinutes October 25, 1988 ?age 4 Declaration 88 -ND -14 by city Council, subject to the conditions of approval; seconded by Commissioner Bruner. [notion carried unanimously with the following roll call vote: AYES: commissioners Bruner, Schuelke, Fries, Remy and Chairperson Burton. NOES: None. ABSTAIN: None. ABSENT: None. City Engineer Dotson commented that this project will increase the run -off (drainage) into the channel that crosses the Ilershey's property on 3rd and California. 7. 87 -DP -1 and 87 -TM -3, a proposed development on 160 acres consisting of 366 detached single family units, 224 multi- family units and 21 acres of commercial uses. The residential construction is proposed to be developed in 9 ohases and the commercial development at a future time; located on the south side of Iiighway 60, and south of Western Knolls Drive, at the westerly City limits. Applicant, John Thomas, Beaumont Associates. Chairperson Burton noted that this public hearing was opened prior to this hearing. CDD koules noted that this item had been continued from the October 4, 1988 hearing to allow the applicant's engineer to address the conditions of approval, also, a letter from the City Manager was distributed to the commission prior to the meeting. Caltrans' comments were received by the Planning Department on October 21, 1988, thus, the reason for not being in the packets. Meeting adjourned at 8:15 P.M., reconvening at 8:25 P.M. Mr. John Thomas, 1202 Kroll Lane Huntington Beach, addressed the commission commenting: his participation n this meeting is to supply the commission with information; will not be waiving any of the benefits which he may have accrued as a result of violating the State Streamlining Act; would not preclude Best, Best & Krieger acting as co- counsel, Palmieri, and Tyler initiating a writ of mandate proceeding. Atr. Ryskamp noted that at this point a stipulation to include the fact that any actions taken tonight are deemed by all parties to have taken place on the 6th of September with Mr. Thomas stating "yes." Mr. Thomas, further speaking commented: 1) Minutes of October 4, 1988 reflected that he had nf the conditions of approval which he PC minutes October 25, 1988 Page 5 2) Kunzman & Caltrans did a traffic study on this project which was submitted to Mr. Bounds and Mr. Bounds in turn submitted the study to Caltrans - approximately 1 1/2 years ago; 3) Biological survey was done on the property and submitted to the City 11/19/87; 4) Complete plan survey and an animal survey on the property done - City has a copy; 5) Mr. Bounds submitted a letter to Caltrans approximately 1 1/2 years ago stating their map complied with the general plan, zoning and circulation element in the City of Beaumont; 6) Meetings with Valerie Beeler, Mr. Bounds and the engineers were had with the basic idea that everything that was documented and recorded would be included in the map; 7) Letter from Valerie Beeler subsequent to the date Mr. Bounds submitted his letter to Caltrans and also states the map coincides with the general plan, zoning and circulation element; 8) Applications and work done on project were done so at the instructions of both Mr. Bounds and Valerie Beeler. Mr. Hubert Webb, Civil Engineer for the project, addressed the commission commenting: 1) Was his understanding this project was going to be presented to the commission on the basis of a tentative map with certain issues being addressed by further study; 2) Project was not going to have a full blown Specific Plan EIR; 3) Traffic studies, biology, gas mitigation studies have all come out during the processing of the plan as a result of on -going discussion with City staff; 4) His understanding the major two issues involving the project was Caltrans and is there, or is there not wastewater capacity available to the project; 5) They understood when the project was going to be presented to the Planning Commission and Council, there was going to be a condition in the conditions of approval indicating that this area would have to participate in a study for a wastewater expansion as well as the interchange situation because the City of Beaumont has to be the lead agency; PC Minutes October 25, 1988 Page 6 b) Condition No. 1.03: If the City will furnish a list of street names they will place them on the map. c) Condition No. 1.04: Agrees with this condition. d) Condition No. 1.05: Opposed. This is a matter of preference - either a solid block wall or leave some opening with wrought -iron through this area with a passage way. e) Condition No. 1.06: Could be mitigated. 10' more within the right of way within the tract boundary or a road offer of 10' on the other side of the road. f) Condition No. 2: Believes this to be a legitimate condition; however, on a lot of cases other agencies do not require the typical section. Attorney Ryskamp explained there was a question as to whether this particular zone on the general plan required a development plan or a specific plan and it was the City's contention that the application was not completed until the 29th of April 1988. He noted there was a meeting in March with Mr. Thomas, his attorney, Mr. Webb, Mr. Koules, Mr. Bounds, Mr. Dotson and himself and discussed at length the requirements of the project, the need for a Specific Plan vs. a Vesting Tentative Map and they arrived at a list of additional items that needed to be submitted to complete the application. When the last of these initial items were submitted, they then had an application that was complete; therefore, the City had one year from April 29th. When an application is complete that does not mean you cannot request additional materials - it means you have the basic materials before you. Mr. Thomas, commented that if you go over the development standards for that zone and if you go over all the comments and instructions that were given to them by Mr. Bounds and Valerie Beeler for over 2 years, neither one of them ever mentioned the fact that they had to do a Specific Plan. His attorneys have reviewed all the documentation and they disagree with the City's attorney and have requested that he immediately file a writ of mandate proceeding. There being no one else wishing to speak, Chairperson Burton then closed the public hearing at 9:14 P.M., turning this matter back to the commission for discussion. Attorney Ryskamp noted for the record that Mr. Dotson be allowed to address the issue pointing out that on July 21, 1987, he (Dotson) sent a letter which was subsequently forwarded to the applicant specifically stating there wasn't enough information at this point to make conditions of PC ?linut-es October 25, 1988 Page 7 the project can work with an EIR as workable - in noted also application specific plan and 3) take no action recognizing that the City the applicant until April 29, 1989 to complete well as the other steps to make the project which case it would be returned to staff. lie that a fourth alternative could be that the is not complete because there has been no and return it to start all over again. CDD Koules noted that the reviewing agencies in response to the Notice of Preparation are of such magnitude that they are going to involve an EIR and most likely a re- design of the project and this understanding should be set forth. On motion by Commissioner Schuelke, seconded by Commissioner Remy that this application 87 -DP -1 and 87 -TM -3 be returned to staff for the purpose of working with the applicant to bring into compliance by April 29, 1989, based on the finding that it has come to us prematurely. Attorney Ryskamp wanted it clarified as to whether the application is not complete or if she (Commissioner Schuelke) wanted staff to work with the application and materials that they now have which was accepted as complete on April 29, 1989, with Commissioner Schuelke stating "both." Attorney Ryskamp then noted that the application can be complete and still require extensive additional materials - acceptable as complete in that it has the major issues and yet require additional materials including a full EIR. Meeting recessed at 9:36 P.M., reconvening at 9:45 P.M. CDD Koules informed the commission that April 29th was the date that the phasing map was submitted and to use this as the date of acceptance of a complete application. This then would be consistent with the March 22nd meeting they had with the applicant and his representatives. The EIR process has already prompted some serious concerns and would have to be reflected in some map revision. Further, he would do his best to work with the applicant to bring this to a completed project. Chairperson Burton informed Mr. Thomas that she personally felt that an EIR should be done. She noted that a motion was on the floor which should be withdrawn or re- stated. Attorney Ryskamp commented that the only thing that needed to be corrected was rather than in reference to a Specific Plan, request staff to work with the applicant to attempt to complete work on the project by the one year dead -line date which is April 29, 1989. :Motion carried with the following roll call vote: AYES: Commissioners Bruner, Schuelke and Remy. iJ f1 G'R (`n mmicoinnnr Rrinc anr7 (`h�i rnnrcnn R��r4-n PC Minutes October 25, 1988 Page 8 10. Attorney Gary tdobley One Newport Place, Newport Beach, addressed the commission stating he was representing Adams Advertising. He further commented: It was represented to them that this was a denial and he confirmed this in a letter to the City Clerk at the time they filed the appeal. Has been treating this as an appeal of denied applications, contrary to what Mr. Koules had indicated that they were not received - presumption they are operating under. Attorney Ryskamp then asked Mr. Mobley for clarification since the applications were not accepted and not in the City's files, if the copies being submitted were to be part of the record. Attorney Mobley presented the following documents to be made a part of the record. 1) Pamphlet on Public Service Signs; 2) Pamphlet on Adams Style of Structure; 3) Library References S. 5226; 4) Copy of Order re: Prel. Injunction; 5) Copy of Opposition to Order to Show Cause; 6) Copy of PC Minutes dated 12/1/87; 7) Copy of Letter to Mr. Bisel dated 12/7/87' 8) Copy of CG Zoning Ordinance; 9) Copy of Declaration by Moses W. Johnson; 10) Eleven pictures of signs along freeway. Attorney Mobley, explained that outdoor advertising differs in a significant respect from on premise signs such as the Travelodge sign. The difference being that on -site signs are used almost exclusively as permanent commercial messages to advertise a business or service, whereas, outdoor advertising is available to the use by the public for a variety of messages that can be both commercial and non - commercial - therefore, it takes on the aspects of free speech. The proposed signs they are proposing are not inconsistent with uses of property that exists in the City of Beaumont. His understanding is that the MC Zone is basically the only zone that permits (on a permitted basis) outdoor advertising signs and this is basically the only location left in the City of Beaumont that is undeveloped along the highways or freeways. Feels they are entitled to the applications on basically three grounds: 1) Believes they comply with the strict requirements of the hIC Zone classification 17.50.105. This Section indicates that outdoor advertising signs are a permitted use. In all other sections it is subject to site development approval. 2 ) Doesn't feel that 17.60 Section applies to the MC Zone PC Minutes October 25, 1988 Page 9 it violates Sections 5526 and 5227 in the California Business and Professions Code. If the City takes the position that no signs are permitted within 500 ft. of the freeway, it is a total prohibition of signs along the freeways and is specifically pre- empted by the Outdoor Advertising Act. The United States Supreme Court has recognized that Outdoor Advertising is entitled to the first amendment of free speech protection. Strongly believes that they have a right to these signs and therefore, appealing to the commission to issue these permits. will not have any adverse effect and will not have any impact, certainly not any more significant than a 55' Travelodge sign that was just approved. CDD Koules commented that he reads Ordinance 17.60.015 literally which is the reason for the denial of acceptance of the application and takes issue with Mr. Mobley's interpretation. Attorney Ryskamp commented that he disagrees with the freedom of speech argument, but would like to have an opportunity to review the material and bring back a response to the commission. Attorney Johnson commented that this matter be continued to give them a chance to look at the legal argument - does not want to comment without doing some research. On motion by Commissioner Fries that this matter be continued to the Regular Planning Commission Meeting of November 15, 1988, in order to give Mr. Ryskamp time to give an opinion pertaining to the state code. CDD Koules wanted clarification as to the appeal to his decision to not accept the application with Mr. Ryskamp explaining the concern as to whether there was an appeal to a denial of the request, or an appeal of a refusal to accept the application. It is the City's contention that the application was never accepted because it did not conform, rather than having been specifically denied - was never accepted as an appliation since fees were not collected. Motion seconded by Commissioner Remy. Motion carried unanimously with the following roll call vote: AYES: Commissioners Bruner, Schuelke, Fries and Remy. HOES: Chairperson Burton. ABSTAIN: None. ABSENT: None. There being no further business before the commission, the meeting adjourned at 10:30 P.M. Reespeecctfull7y/ submitted, //V ALBERT A. WEBB ASSOCIATES Consulting Engineers 11V 3788 McCray Street • Riverside, California 92506 -2973 Telephone (714) 686 -1070 FAX (714) 788 -1256 AI BERTA WEBB - 1IBN-19Bq ERNESTN WEBB- (1929 -1987) A HUSERT WEBB HAROLD L. MABERRY JOHN. STAAF DAVID M. ALORANTI SAMI GERSHON RON BUCKLEY JOHNJOROAN WALLACE H. RRANZ MATTHEW E WEBB October 24, 1988 TO: Planning Commission, City of Beaumont SUBJECT: 87 -TM -3, TRACT 22563 APPLICANT: Beaumont Associates Contact Person: John Thomas 21202 Kroll Drive Huntington Beach, CA 92647 APPLICANT'S ENGINEER: Albert A. Webb Associates' 3788 McCray Street Riverside, CA 92506 Project Manager: A. Hubert Webb HISTORY: N. REF. W.O. 81 -253 FILE NO, The project site consists of approximately 160 acres located in the western portion of the City of Beaumont upon which a development has been proposed to consist of approximately 336 single-family detached lots, 224 units of multiple - family lots, 21.3 acres of special commercial, and approximately 43 acres of open apace. The project was originally proposed by the Applicant in approximately 1979 through 1980. Discussions were held with City Staff during this period to accomplish annexation to the City in order to commence the planning process. From 1980 through the end of 1984 the City and its consultants were preparing a General Plan. Shortly after the adoption of the General Plan the City approved zone changes which were consistent with the proposed Tentative Map. In 1985 Webb Associates had meetings with the City Manager, City Engineer and Planning Director to discuss the development concepts proposed by the Applicant. Some of the factors discussed during these meetings are stated below: 1. Availability of water and sewer facilities. 2. Vehicular access from State Highway 60, as well as improvements necessary on 4th Street east of the southeast rc ALBERT A. WEBB ASSOCIATES - Cun,u ling Enginccn Planning Commission, City of Beaumont October 24, 1988 Page 2 3. Schedule of proposed time frames for processing of the development. During these meetings the City Manager indicated that the City's existing wastewater treatment plant had approximately 200 equivalent dwelling unit capacity remaining and this capacity could be made available for the site subject;to prior commitments. Webb Associates continued to work on the site development and had subsequent meetings with the City Manager and Engineer to discuss in further detail the proposed project. The discussions included the required street improvements for 4th Street, B Street, and A Street with respect to the proposed freeway off ramp which would connect to A Street. In addition, the matter of sewage treatment plant capacity was again discussed and the City Engineer indicated that Webb should show an on -site treatment plant, or as an alternative propose a sewer pump station which would be utilized to pump sewage back to the City's existing treatment plant. It was also discussed that in order to expedite the planning review process that a Focus EIR could be prepared at a later date to accompany an application to the Regional Water Quality Control Board for the construction of an onsite treatment plant. This would be required in the event the City was not capable of providing wastewater capacity to the site. In addition, the City Staff indicated that the City would be the lead agency for any applications to the Regional Water Quality Control Board, as well as a_'y negotiations required with CalTrans for the construction of an overpass and off ramps in the vicinity of A Street. However, these matters could be a condition of approval of the Tentative Map and be resolved after the map was approved by the Planning Commission and City Council. During the review period by the City, the Staff requested additional studies and information from the Applicant consisting of traffic reports, biological assessment, and a geotechnical report, as well as a gas mitigation report for an isolated area along the east tract boundary located approximately 800' northerly of the southeast corner of the proposed development. All of these studies were prepared and submitted to the City Staff. CONCLUSION: BEAUMONT PLANNING COMMISSION MINUTES OF NOVE14BER 15, 1988 The Planning Commission met in a Regular Planning Commission Meeting on Tuesday, November 15, 1988, in the City Council Chambers with Chairperson Burton presiding., Meeting was called to order at 7:02 P.M. On Roll Call, the following commissioners were _ present: Commissioners Bruner, Schuelke, Fries and Chairperson Burton. Commissioner Remy was excused. Affidavit of Posting was read. The Pledge of Allegiance to the Flag was observed. 1. The Minutes for the Special Planning Commission Meeting of October 25, 1988, were approved as submitted. i 2. Oral Communication: None 3. Director's Report: None. CONTINUED PUBLIC HEARING: 4. 87- PP -19, a proposed three (3) apartment units, located at 673 Massachusetts. Applicant, Howard Haig. CDD Koules explained to the commission that the applicant has not provided staff with a revised plot plan and recommends continuing this matter to the Regular Planning Commission Meeting of January 17, 1989. The applicant will be so informed of this continuance and if submittal of his plot plan is not received, then a new application will be asked for as well as fees. This matter was then continued by the commission to the Regular Planning Commission Meeting of January 17, 1989. PUBLIC HEARINGS: 5. 88- ANX -3, 88 -RZ -5 and 88- ND -16, a proposed pre- annexation zoning to RSF (Residential - Single Family) on 9.83 acres, APN #406 - 110 -002, located on the west side of Sunnyslope Avenue, about 350 feet north of its intersection with Cougar Way. Applicant, Aware Development. CDD Koules presented the staff report `:informing the commission that it is a requirement that the property be ore -zoned in order to go to LAFC for annexation. Applicant is thinking of eventually building a:> single family subdivision of 6000 s.f. lots that will be in conjunction with owners to the west of this property. Feels that the 7.,.,A ,-prt„PGt fnt RSF is compatible with the concerns of the PC Minutes November 15, 1988 Page 2 Mr. Ro er Wilson, 6377 Riverside Ave., S addressed the commission comment ng Director of Development Marketing Development and wanted to know if he questions. to 10 hat he was cne Sales for Aware could answer any There being no questions, Chairperson Burton then closed the public hearing at 7:11 P.M., again turning the matter back to the commission. After discussion, and on motion by Commissioner Fries, seconded by Commissioner Bruner, recommendation by City Council for approval of this proposed pre- annexation zoning to RSF (Residential - Single Family) 88 -RZ -5 and Negative Declaration 88 -ND -16 was made. Motion carried unanimously with the following roll call vote: AYES: Commissioners Bruner, Schuelke, Fries and Chairperson Burton. - NOES: None. ABSTAIN: None. ABSENT: Commissioner Remy. 6. 88 -TM -2 (Tract No. 23491) and 88- ND -17, for a proposed subdivision consisting of eleven (11) lots of single family homes, on 2.54 acres, APN #406 - 122 -012, located at the northeast corner of Cougar Way and Sunnyslope Avenue. Applicant, Ronald C. Hemsley. CDD Koules informed the commission that the proposed subdivision meets the general plan requirements of maximum density of 5 du. to the acre (4.03 du /ac) and the lots do meet the zoning for RSF, recommending approval of the tentative map and the negative declaration. Chairperson Burton then opened the public hearing at 7:15 P.M., asking for proponents /opponents from the audience wishing to speak. Hatt Webb Webb Associates 3788 McCray St., Riverside, addressed the commission noting they had reviewed the conditions of approval prepared by staff and they have no objection to any of the conditions; will answer questions. John Wood, Supt. of Beaumont School District, addressed the commission stating his concerns: traffic flow on to Cougar Way with the high school parking lot located immediately south of the project and the transportation and maintenance yard which handles all the bus traffic located on the southwest of this project; expressed concern pertaining to the pedestrian traffic on Cherry Avenue and the vehicle traffic coming from Beaumont Avenue on to Cougar way; no traffic signal lights or stop signs other than updating the existing sign on Sunnyslope and an additional stop sign on Kirby Avenue cul -de -sac; approximately 3/4 mile PC Minutes November 15, 1988 Page 3 Matt Webb, again addressed the commission commenting: agrees and recognizes the need for some traffic signals in the area; could not afford to build a traffic .signal with only 11 homes involved; has a condition to pay a traffic signal fee and when sufficient fees have been collected, it will be used to pay for traffic signals; there is a requirement to put stop signs at the end of their streets which extend into Sunnyslope; the intent of this project is to create single family homes for sale; no intent to keep as rental property; is agreeable in placing a wooden fence along the street. There being no one else wishing to speak, Chairperson Burton then closed the public hearing at 7:25 P.M., turning the matter back to the commission. Platt Webb, commented that on Cougar 30' is the half street width and the other 30' from the parcel to the west he thought had already been dedicated to _ the City with Commissioner Schuelke noting she would; like to have verification of this. Mr. Webb then commented that this could be added as a condition; explained that the 15' shown on the map is a dimension to a proposed water line; will be dedicating additional street right of way to the City after recordation; explained paving will be 20' on their side of the centerline plus additional paving on the other side pursuant to City standards; believes there is a requirement to pave 281. CDD Koules commented that the two conditions that have been discussed namely, 1) applicant shall construct a 6' wooden fence along the easterly property line of the project and 2) A 30' right of way on Sunnyslope Avenue represents one - half of the ultimate right of way could be added to the conditions of approval as 11 and 12. Further, this is the legal contract of conditions imposed on the project. Matt Webb, explained that the 20 feet is from the centerline of the street to the face of the curb and then the sidewalk is from the face of curb going towards the lots. John ';7ood, asked if the commission has the option for —requiring a three way stop at Sunnyslope and Cougar, with CDD Koules noting that the overall view of the whole street pattern needs to be considered to see if it fits the plan for the circulation element. CDD noted that crosswalks and stop signs can be put in at some later date without being bound to this specific project. Commissioner Schuelke noted that this matter should be continued and give the school district members an opportunity to discuss with the City Engineer their concerns. She also would like to find out what is lacking on the tentative map as well as the reason for the condition where he (Dotson wishes to delete the 6' block wall. I PC Minutes November 15, 1988 Page 4 Chairperson Burton noted that a request from Adams Advertising had been received to continue this matter to December 6, 1988. CDD Koules explained that the last meeting was continued at the request of the City Attorney for him to have a chance to look at the constitutional issues involved. His memo addresses point by point the objections raised by the sign company's attorney. Mr. Ryskamp',was''unable to be'' here , due to illness; however, his recommendation is!to sustain,,, the Community Development Director's ''refusal;`-to ` accept' the application. CDD Koules further commented that Mr`:%' Ryskamp feels that he has answered the objections raised.by "the attorney, for -, the billboard company and the only issue'is whether the_ action to deny receipt of the, application was correct or incorrect - not merits or, demerits of the proposal. It is Mr. Ryskamp's feelin�J as well as his (Koules) that they were within the leg ?frame the ordinance to deny the application. Chairperson Burton noted that staff' "and Mr'i Ryskamp feels that a continuance is not necessary. CDD Koules noted that generally continuances are made on matters that require approval review,; or the applicant,- was not at the meeting to present his case. Michael Slagle, speaking from the audience commented that it has been his experience to give professional courtesy face to face with the applicant. Legal ramifications not withstanding. Commission felt as a courtesy (since the request for continuance was received), this item should be continued to the next Regular Planning Commission Meeting of December 6, 1988. There being no further business before the commission, the meeting adjourned at 8:00 P.M. Respectfully submitted, Pecr ry i BEAUMONT PLANNING COfll4ISSION MINUTES OF DI'CEnBER 6, 1938 .he Plannn ig Ccnuaission met in a Regular Planning Commission c. n on Tuosdav, December 6, 1988, in the City Council Ch a:,r. s .:iCli Chairperson Burton presiding. �;;as called to Order at 7:00 P.M. of Posting was read. On P..011 call, the following commissioners were present: Comni.ssioners Bruner, Schuelke, Fries, Remy and Chairpersons pur-"On. "_'he Plec'.gc cf Allegiance to the Flag was observed. 1. ''he ;;inutcs for the Regular Planning Commission Meeting of ;,ovember 15, 1938, were approved as submitted. 2. Oral Communication: None. 3. Director's Report: None. CO :;TI ?lit U PUBLIC HEARING: . S- 1 "; -2, (':'r. 23491), and 38- ND -17, a proposed eleven (11) lot single family subdivision, located at the northeast Corner of. Cougar Way and Sunnyslope Avenue. Applicant, Ronald C. aei.1sley. 3788 McCray St., Riverside, addressed the corimission noting that they submitted an additional Exhibit A to the Planning Commission in hopes this will clarify the construction that is anticipated with this tract; also there 'acre sane additional conditions that was requested at the last po.bli.c hearing and the applicant has signed a letter in agreement with those conditions which includes the construction of a fence; dedicated right -of -way is 15' on Lhe west side and they would be malting their 30' dedication in aCC'.i.tion to this. her being no one else wishing to speak, Chairperson Burton then closed the public hearing at 7:10 P.M. turning the u;atte;- bac'c to the commission for discussion. There was much discussion pertaining to this project with Chairnerson Burton reading Mr. Wood's letter dated December 1, 1983 (see attached) into the record. - Also amendments were -made to the City Engineer's conditions No's 1.32, 4.04 and 5.01. CDi) I;oules noted that t'he City Engineer recommends against „„i -Finn a -,too sign in mid -block - doesn't feel that the hlinuLor7 of PC "Ieeting DeCcE,n0er 6, 1982 Page 2 T1: -2 (Tr. 2349 oI osee,. eleven at the northeast as uer staff's approval to read L) and Negative Declaration 88 -ND -17 for a (11) lot single family subdivision located Corner of Cougar Way and Sunnyslope Avenue recommendations and amended conditions of as follows: Section 1 - Street Improvements 1,32 - Construct 5' -wide curb- adjacent sidewalk. Section 4 - Traffic Control rcplace existing STOP sign at the Northwest Corner Of Cougar / Sunnyslope. Place new STOP sign at :;irbv Court exit onto Cougar. Section 5 - On -site Improvements 5.01 - Build 31- masonry wall along southerly sides of Lots 5 and G. AY1:3: Commissioners Bruner, Schuelke, Fries, Remy and Chairperson Burton. NOES: "done. AB '11 . None. ArSENT: :]one. ?OBLIC !Ir,ARINGS: 5, b - T'," -3, (Tr. 24030) and 88- ND -18, for a proposed nine (9) lot single family subdivision on 2.69 acres, located south of 12th Street on Olive Street. Applicant, Carter Pendergrass. CD') Koules presented the staff report commenting that the n_000sal is to extend Olive Street south from 12th, improving it to full requirements. Further, arrangements have been agreed upon between the owners of the Three Rings l:anch and tor. Pendergrass to accommodate the thru traffic. Chairperson Burton then opened the public hearing at 7:40 P.:?. as'.•:ing for proponents /opponents from the audience r;is2iing to speak. Carter Pence_rgrass, 12750 Wilmac Grand Terrace, addressed the ccnu,tissi.on commenting that Mr. Koules had covered most everything regarding the project. Commissioner Schuelke asked if he (Mr. Pendergrass) had any he;i'lation ;rith the condition regarding an easement for the �roerty ✓itii him commenting that he did not have a problem with this. ^.'here being no opponents, Chairperson Burton then closed the public hearing at 7:42 P.M. turning the matter back to the : ;.inuto; of PC Fleeting Uecembcr 6, 1980 Page 3 Chairperson Burton noted that under Section 2 - Sewer Improvements of the City Engineer's conditions - that the proposed sewer facility shown thereon cannot be designed and constructed to function to even minimurn requirements without massive re- grading of the project site. CDD i'oules noted that he felt the City Engineer meant it can b corrected within the lot configurations that are proposed and; if it could not be, he (City Engineer) certainly would not reconu-nend approval of the map. Commissioner Schuelke questioned Condition No. 1.08 to Olive tr.eet commenting that the pavement that exists is in very poor condition and when it becomes a dirt road, it has dips. She suggested all of Olive Street be paved. On motion by Commissioner Schuelke, seconded by Commissioner Bruner, to recommend approval by City Council of Tract map 08 -7h, -3 (Tr. 24030) and Negative Declaration 88- ND -18, a •cronosed nine (9) lot single family subdivision, located at olive Street south of 12th Street, as per staff's findings and amended conditions of approval to read as follows: section 1 - Street improvements 1.03 - P.xisting Olive pavement shall be overlayed, with 1 "- AC to northerly RCR of existing curb return from the south side of Olive to Florence 7.venue. tdotion carried with the following roll call vote: `.Y ES, : commissioners Bruner, Schuelke, Fries and Remy. Chairperson Burton. None. None. 38 -RZ -3, SP -88 -1, and EIR 88 -1, a proposed pre - anncNation zoning to Specific Planning Area Zoning (SPA 1 du /ac) which proposes 700 dwelling units on 737 acres and an couostrian center APN #1's 421 -240 -001, 005, 009, 026, 027, 028, 029, 030, 023, 024, 025, 032, 033 and 034, located on tlighl�.nd Springs Avenue, approximately 1 1/2 miles south of Interstate 10. Applicant, Potrero Creek Estates. CDD Koules informed the commission that staff's recom:,.cnC,tion was for 4 actions pertaining to this project an(I that the more detailed issues will be before the co:112,1,ission again at the implementation stages. commissioner Remy asked how this property could come into the City without the property being contiguous to the City bounc".ery .,!.itii Mr. Koules explaining that this project would !)e conOitioned tentative to the ffovchild property coming in - t'ne••will all eventually pull together, fie (Koules) also ,,.. -„1. , -, i- 1 -1,, 1 n�)R rngir ?nnen, nronnsed was at the time I•Iinutes of PC Meeting December 6, 1983 Page 4 anolication they have to have the EIR certified; will file with LAFCO for the actual annexation after going through the cortimission and city council; as the plan progresses, com;nissio;i will have an opportunity to review the various tentative caps; many different studies undertaken in the E'a; breaks doom into a number of very different areas; geologist feels the McInnes fault is not active - however, it is being treated as an active fault for planning; explained the density and footage of lots; will be realigning highland Springs Road eliminating the sharp curve; equestrian center will be open to the public as well as resiclents; will be maintaining Potrero Creek in its na -ural state with more planting; tailored the grading and the street system to the terrain; proposing hiking and equestrian trails that would flow through the site; all detailed studies done; no endangered species on the site; has a will serve letter from the water district contingent on the water coming through from the pass; horses will be boarded at the equestrian center. 7'ichard. 6lalacoff, Caltrans, 247 W. 3rd St., S. B., addressed tae cornmissioo commenting that n the state wats to reiterate its concern of local corridors being built to take trips off the freewav and relieve congestion - important issue at this time and should be taken into consideration; looking for a .stronger local circulation system and east /west corridors; 11o�es to see in the future an implementation of a system to improve the local corridors. Karen i;eifer- Cudney, Riverside County Fire, addressed the co^uiiission noting that they are in complete agreement with Caltrans; area is considered to be a high fire hazard area and because of this they will be asking for fuel modification and other things to be addressed at a later date; problem now with this project and Hovchild's is they need some circulation besides Highland Springs; City needs to loot: into another location for another fire station on the south side of town. , enh Lapenski, P. 0. Box 2025, Riverside, addressed the corm•,�..ission commenting that his concerns were that of ingress and egress to the properties west of the Potrero Creels Estates Section 22. Chairnerson Burton informed Mr. Lapenski that the final EIR did respond to his letter. Access to Section 22 will be p ovided to the property line by the developer of Section 23 when the proposed project is complete. Susan Fox, responded to Mr. Lapenski commenting that they had done everything he ( Lapenski) wanted; had many meetings with the fire department and are in agreement; handed out County Circulation Plan (see attached); the Presley plan is proposing a road that would go through the Presley project and connect with First Street so First Street would be the tlinutes of PC Dlecting Decer.ibcr 6, 1983 Page 5 should be looked at, updated and revised and that the Riverside County Fire District has stated to staff that they are now working on a master plan to locate an additional fire station on the south side of the City. Commissioner Schuelke noted that if changes are not incorporated into the projects of this size now, there will be reel traffic problems later, once approved, it will be hard to take back any access from projects in order to fit the amendment to the Circulation Element. She was also concerned about the lot sizes and general density for this project. CDD KOUles noted that we are approving 700 units on 737 acres to be distributed among the five planning areas - lot sizes will have to be worked out. On motion by Commissioner Fries, seconded by Commissioner Bruner, recommending approval by City Council of the Following: 1. Certify that the final EIR has been completed in compliance with the California Environmental Quality Act and was oresented to the Commission who reviewed and considered the information contained therein prior to recoru;iending approval of this project. ?. Find that changes or alterations have been required in and incorporated into the project which mitigate or lessen the significant environmental effects as identified. in the environmental impact report. 3. Approval of 88 -RZ -3 pre- zoning 737.1 acres to Specific Planning Area (SPA) one - dwelling unit to the acre zoning (SF?. 1 du /ac ) . A. AdonLion of the attached Resolution PC -88 -01 of Approval for Specific Plan 88 -01 (Potrero Creek Estates SP 88- 01), allowing a maximum of 700 single family homes on 737.1 acres and to include updated and revised maps. tlotion carrie(1 unanimously with the following roll call vote: AYES: Commissioners Bruner, Schuelke, Fries, Remy and Chairperson Burton. aO,.S: None. P.P,STA.1'1: None. P. BS, EC;'P: [lone. On motion by Commissioner Schuelke, seconded by Commissioner Remy, recommending to City Council that they take a serious look at amending the Circulation Element for all projects in this area and to address the issue immediately, possibly imoosinq a condition that Hiqhland Springs Avenue be at 1.linutes of PC fleeting December 6, 1938 Page 6 Code Section 17.60.005, Advertising Regulations - Intent. Chairperson Burton opened the public hearing at 9:50 P.M. asking for proponents /opponents wishing to speak. "aty Robinson informed the Commission that the purpose of the amendment is to clarify the fact that there is no cliscrimination between commercial and non - commercial signing. Chairperson Burton then closed the public hearing at 9:51 P.Td. turning the matter back to the commission. On motion by Commissioner Fries, Bruner, recommending to City amonc'.ment. to the Ordinance, repea the Beaumont Municipal Code and ,i_inici_nal Code Section 17.60.005, Intent. seconded by Commissioner Council they adopt the Ling Section 17.60.005 of adding to the Beaumont Advertising Regulations - Commissioners Bruner, Schuelke, Fries, Remy and Chairperson Burton. 1'02S: None. ABSTAT". None. "lone. CONTIt:U1'1) SCHEDULED MATTER: 5. Appeal of Community Development Director's decision reference Outdoor Advertising Displays (Billboards) per Section 17.60.015 of the Beaumont Municipal Code. Atty Robinson distributed a copy of a letter dated December 6, 1980 to Mr. Ryskamp from Adams Advertising (see attached). Chairperson Burton noted that out of courtesy this item was continued till December 6, 1988. On motion by Commissioner Fries, seconded by Commissioner Bruner to deny the appeal and sustain the objection of anplications by the Community Development Director adopting tiie follo� ring finding: 1) In t:-,e enforcement of the Ordinance the policy of the City is and has been to encourage and support free s_)eech including non - commercial speech in the co;;u:iercial areas of the City and on -site advertising is allowed to include non- corunercial messages. otion carriecl unanimously with the following roll call vot_. AY: -,:,: Cor:niss.ioners Bruner, Schuelke, Fries, Remy and Chairperson Burton. b[inutcs of PC fleeting December 6, 1983 Page 7 appropriatcly. CDD Itoules noted that the plot plan expired as of October 8, 1918. it came before the commission in March or April in error; subsequontly in that same month, Mr. Slagle was sent a letter stating his permit would expire on october 8, 1988. Stan Steele 13555 Plantation V1ay, Moreno Valley, addressed the commission commenting they had been arranging for itions of financing; questioned as to whether the cond aooroval runs from the date of approval by the commission or at the City Council level; asking for consideration since t'.-Iev have yet to go through a two year time lapse from the ti:ae they c•;ero finally approved. pttornc.v ]?obinson informed the commission that his basic `eeling at. this point and time is, if you houedoSOOtthave that is e1:hausted and the statute has run, y ,.ia authority to reinstitute and start over again. CDC lcoules noted that in the past when we have had eocumentation, the date of approval by the commission's ac--ion, iias been the date we have been honoring. Stan Steele, commented they would like some suggestions on how to handle this in a timely manner so they do not lose their -)anker while they are going through the process again if that is what they have to do. Attorney Robinson noted that the commission can act granting extensions prior to the expiration of any p erm CDD I:oulcs further explained that there was a on m.isundcrst, ing when Mir. Slagle requested an extension th.c architectural design - when the letter came in it was isinterruntczd as being a request to extend the plot plan. It was brought before the commission, was clarified, with the understanding that the plot plan was still valid till ^ctober 8, 1988. ';r. Steele, commented that it seems frustrating to them that they attempted to get the extension and were told that they could not do it at that time. Mr. Steele further asked if this plot plan is resubmitted, would they have some type of sentimental grandfather feeling because we have already be, 0n, the =e. Chairperson Burton informed Mr. Steele that if they meet all recuirenents pertaining to the code and ordinances, there was no way their project could be denied. Slab e, commented that he wanted to point out that it is a relatively low density project compared to most apartment projects. By City code they were permitted up to 32 du /ac BEAUMONT UNIFIED SCHOOL DISTRICT BOARD OF TRUSTEES DANIEL CLINE DR JERILYNN KAIBEL WILLARD LOVE RONALD PARTAIN BENJAMIN UPTON December 1, 1988 Beaumont Planning Commission P.O. Box 158 Beaumont, CA 92223 �3 I.DtI�, _ _ Cy00� O Shalid CanuuiLifeat Dear Members of the Beaumont Planning Commission: JOHN WOOD Di"ricl Superintendent ROBERT GUILLEN Director of Business DR. WILLIAM STRATTON Director of Curriculum MARGOT ROWLEY Director of Special Ed./ Staff Development This written testimony is regarding the Public Hearing 88 -TM -2 (Tract #23491 and 88- ND -17) for a proposed subdivision consisting of 11 lots of single family homes, located on 2.54 acres, APN #406- 122 -012, located at the northeast corner of Cougar Way and Sunnyslope Avenue in which the applicant is Ronald Emsley. I appreciated the opportunity to speak to the Planning Commission at its hearing on November 15, 1988. As suggested, I contacted City Engineer, Jim Dodson, regarding traffic concerns that I had in that area. His feeling was that the Planning Commission is able to make recommendations for the City Councils atten- tion. My suggestion is that a stop sign be installed at the "T" intersection between Cougar Way and Sunnyslope Avenue. This is due to the high density of traffic during specific periods in this area from the proposed development; student, pedestrian and school traffic. Mr. Dodson's feeling was that the Planning Commission could make this recommendation to the City Council, but that the City Council would need to hold a Public Hearing regarding placement of a stop sign in this area. There is an existing pedestrian crosswalk at the corner of Sunnyslope and Cougar Way. A stop sign would allow for safer pedestrian crossing in this area. Thank you for your consideration in this matter. mmou; j� Sincerely, �j NDD DEC 0 5 1988 John Wood CITY OF BEAUMONT District Superintendent PLANNING DEPT. JW:he 125 W. Fifth 0 P.O. Box 187 • Beaumont, California 92223 • (714) 845 -1631 //� ALBERT A. WEBB ASSOCIATES Consulting Engineers 3188 McCray Street • Riverside, California 92506 -2973 Telephone (714) 686 -1070 FAX (714) 788 -1256 ALBERTA WEBB X11899 1981; ERNEST N. WEBB A HUBERT WEBB HAROLDL M�BiRRM �' JOHN H STAFF DAVID M. ALGRANTI SAM I. GERSHON WON B C LEFRAN2 JOHNJORDAN MATTHEW E WEBB Mr. Steve Koules, City of Beaumont P. 0. Box 158 December 2, 1988 Planning Director Beaumont, CA. 92223 RE: Tentative Tract No. 23491 Dear Steve: REF. W.0.88 -35 FILE N0. 3480.1 I have enclosed ten copies of an exhibit which I hope will clarify the improvements to be constructed pursuant to Tentative Tract No. 23491. Hopefully this exhibit will more adequately explain this matter to the Planning Commissioners. It was my hope that these exhibits could be distributed to the Commissioners prior to the hearing scheduled for December 6. Please contact me if you have any questions. Sincerely, ALBERT A. WEBB ASSOCIATES 0 V.1Gj `i Matthew E. Webb Vice President MEW:ah Enc. LETR2/88 -35 Civil Planning Environmental Surveying Assessment DEC Uc '33 05:15 3DAC2 777 Pod LAN! OFFICES CASE, SCHROEDER, KNOWLSON, MOBLEY & BURNETT A MiMnldNnly I'CL001A0 Pe.O /i;ikl0unl CIIRI.6Rn upRG r),,m CL A. CALF' ARTIIUR R. KNU40,5C1'I, JA.' N sUHnLt J. 5CHt10[UTR'1 AIICHALL V/. BuuHI.TT' G,A'1 5. LIVMWa' BARRY A.'/GCH R1CF A. CIUEL 1AIf;HAEL F VjnlflHl STrPAES F. DIAL AVARLIAE SILVER -0'IL5110cr. EI.I2A6ElH PE'ILNROH HALL S1rIUH10 A. SM11M 11,411 S. MARCUS •A Fnnr; snloaAL coworMY00 IILCO 4PI1f:R O• ....P,V n" VTA F'A.X GIJC AIEWPORT PLACE., SUITE 8450 P(CWPORT OLACH, CAWrORHIA 09000 TELEPHOPIE (714) 91,G ^10SO TELECOPICR 17140 051-911a December 6, 1988 George R. Ryskampt Esq. Beaumont city Attorney c/o Ryskamp & Robinson 66o8 palm Avenue Riverside, California 92506 L05 ANGELES 1000 AVENUE OF THE 6TAR9. SUITE 1000 105 ANGELES, CALITORHUL 00067 TELF.FROHE 12111 201.7486 JULICO14CR 12111 277-9341 Re: ADAMS ADVERTISING, INC. - CITY OF BEEAUMONT AU-peal of Denial of Billboard permit Atlnli-ca ions Dear Mr. RYSRamp: This 1.5 to confi.rm our telephone conversation of December 6, 1988, concerning the above - referenced applications for billboard permits currently on appeal before the Beaumont Planning commis- sion. As you know, this matter is currently set for hearing this evening. I called to request this matter be continued because, based on our prior discussions and the events that occurred at the last Planning Commission hearing on this matter, Adams Advertising was preparing and intends to submit later this weey variance applications for the subject permits. While Adams Advertising does not believe that the variance applications are even necessary, we thought it would be most appropriate if the variance applications were heard at the same time as the pending appeal so that all issues could be addressed in the same proceeding. During the course of our conversation, it became clear that the parties apparently have a vastly different understanding of the nature of the proceedings now pending before the planning Commi.ssion. As stated in our Notice of Appeal dated september 22, 1998, our contemporaneous confirming letter to the City Clerk and my comments to the Planning Commission at the last session, Adams UEC. OE. '8R 05: 16 =UkC2 rr•r sus George R. Ryskamp, Esq. December 6, 1988 Page 2 Advertising has always been operating under the belief that the present proceedings Constitute an appeal of the denial, of these permit applications and the principal issue on appeal is the substantive interpretation of the City's municipal Coda as to whether my client is entitled to these permits as a matter of right. However, you stated that the City is taking the position that the only issue presently pending before the Planning COmmi.s- sion was the procedural issue of whether the Planning Director properly refused to accent and process the permit applications. You further stated that the Planning Commission's determination on this issue will constitute a final administrative decision, which Is not subject to review by the City Council or by any further administrative proceedings. Accordingly, you indicated that, since Adams Advertising was intending to submit variance applications, these applications would essentially render the present proceedings moot because the applications would then be accepted and processed by the Planning Department. you further stated that we Could address the substan- tive issue of whether my client is entitled to the permits as a matter of right in connection with the proceedings on the variance applications. I indicated that I had no objection to addressing this substantive issue of whether a variance was even necessary in the proceedings on the variance applications themselves, but wanted it specifically understood that Adams Advertising was reserving its right to assert this substantive argument and that the City would not argus that Adams Advertising in any fashion had waived or is estopped from raising the issue of the validity or applicability of the setback requirements in connection with the variance proeeedi.ngs. You gavo me such assurances. Eased on the foregoing, we do not intend to appear at the hearing tonight and instead request that this procedural issue be heard and determined by the Planni.nc Commission. Instead, we will be preparing an filing the variance applications, at which time we will re- assert our argument that we do not believe the setback requirement applies to the present applications. DK 06 ' E.8 05: 21 MU C:2 George R. Rysk.amp, Esq. December 6, 1926 Page 3 777 P[W I would appreciate it if your office would bring this letter to the attention of the Planning Commission at the hearing tonight and request that it be made part of the record on appeal. Many thanks for your courtesy in this regard. Very truly yours, CASE, SCHROEDER� KNOWLSON, BLEY & BUR14ETT Gar. Mobley, P.J,,•-' i• G« M /ld ryks. ltr I FIGURE IV.4 n u F "Mm Y.I W ... ......Ii.. 201 ^.RS ?'i,,r',: None. r .a...W11.N. w N.ns..Na. RIVERSIDE COUNTY .WN n GENERAL PLAN ==-- ^• -�- CIRCULATION r. .... STUDY AREA S =w w•'. NN Nn. i�IY�Y N.......N . �. N.�.�« W w.M'. Nom... 201 ^.RS ?'i,,r',: None. r